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Planning appeal decision

Notice varied and upheld16 July 20263377842

Land at SX369802, Known as Rose Cottage, The Tollhouse, Greystone Bridge, Launceston, Devon, PL15 9PD

without planning permission: (i) the change of use of the Land from a detached garage to the use as a separate dwelling for residential purposes

Authority
West Devon Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Howell M

Main issues, as the Inspector framed them

  • the purpose of the Notice, whether the requirements of the Notice were excessive to remedy the breach and if any lesser steps put forward would achieve the purpose of the Notice

What decided it

The appellant failed to prove on the balance of probabilities that the material change of use to a separate dwelling had commenced and continuously subsisted for four years before the Notice was issued, as his own building control and naming/numbering applications indicated occupation began only in May 2022.

the interference with the appellant's Article 8 and Article 1 First Protocol rights, and his personal circumstances, were outweighed by the public interest in maintaining effective planning control and remedying the breach

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.