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Planning appeal decision

Dismissed11 December 20253372916

Rectory Lane, Instow, Devon, EX39 4LZ

outline application for the erection of 9 dwellings with all matters except access reserved

Authority
North Devon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hills J

Main issues, as the Inspector framed them

  • whether the site is in a suitable location having regard to the provisions of local policy
  • the effect of the development on the character and appearance of the area
  • whether the proposal would make appropriate provision for biodiversity net gain

What decided it

The adverse impacts on character and appearance, the Undeveloped Coast, and unresolved biodiversity net gain requirements significantly and demonstrably outweigh the benefits of 9 dwellings (including 3 affordable) in a location that conflicts with the development plan's spatial strategy.

The modest social benefits of 9 homes (including 3 affordable) and limited economic benefits were outweighed by significant harm to character and appearance, the Undeveloped Coast, and unresolved biodiversity net gain, such that the adverse impacts significantly and demonstrably outweighed the benefits and the presumption in favour of sustainable development did not apply.

Framework references: 65, 11, 193, 187

Plan policies cited: Policy ST01, Policy ST07, Policy INS, Policy ST18, Policy ST19, Policy ST09, Policy ST04, Policy DM04, Policy DM08A, Policy DM08, Policy ST14, Policy ST21

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.