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Planning appeal decision

Dismissed11 December 20253372916

Rectory Lane, Instow, Devon, EX39 4LZ

Planning appeal 3372916 at Rectory Lane, Instow, Devon, EX39 4LZ (North Devon District Council) was dismissed on 11 December 2025 by Inspector Hills J, by written representations. The main issue, as the Inspector framed it: whether the site is in a suitable location having regard to the provisions of local policy.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hills J
Postcode
EX39 4LZ

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.

What the Inspector cited

Development plan policies
Policy ST01Policy ST07Policy INSPolicy ST18Policy ST19Policy ST09Policy ST04Policy DM04Policy DM08APolicy DM08Policy ST14Policy ST21
National Planning Policy Framework
Paragraph 65Paragraph 11Paragraph 193Paragraph 187

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in North Devon

The authority’s record since 2016 · every decision in 2025

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  3. Dismissed3 August 20266010545
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  4. Dismissed24 June 20266005672
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  5. Allowed18 June 20266006157
    Horseshoe Lodge, Burrington, Umberleigh, EX37 9LH

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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 appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.