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Planning appeal decision

Dismissed24 February 20266001239

Bearscombe, Near Modbury, Plymouth, Devon, PL21 0TU

the change of use of a mobile home in a garden to long term residential letting

Authority
South Hams District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Faulkner H

Main issues, as the Inspector framed them

  • Whether the appeal site is a suitable location for the proposed development with reference to the spatial strategy and the development plan
  • Whether the development would provide acceptable living conditions for future occupants, with particular regard to floor space

What decided it

The site's isolated location and poor accessibility to services and sustainable transport options amount to clear harm that significantly and demonstrably outweighs the benefits of housing delivery, even when the shortfall in housing supply is taken into account.

The benefits of providing an additional dwelling through reuse of an existing building and proximity to local businesses were outweighed by the clear harm arising from the site's isolated location, poor accessibility to services, and absence of realistic sustainable travel options, when assessed against the Framework policies taken as a whole.

Framework references: 84, 11

Plan policies cited: Policy SPT1, Policy SPT2, Policy TTV1, Policy TTV26, Policy DEV29, Policy DEV32, Policy DEV10, Policy DEV15, Policy MNP1

Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610; City & Country Bramshill Limited v SSHCLG and others [2021] EWCA Civ 320

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.