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Planning appeal decision

Dismissed4 February 20266001401

Annexe, Grammerby Barn, Old Exeter Road, Tavistock, PL19 0JJ

change of use of garage and annexe to a dwelling

Authority
West Devon Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hills J

Main issues, as the Inspector framed them

  • the effect of the proposed development on the Tamar European Marine Site (EMS)
  • whether the site is in a suitable location having regard to policies that seek to control development in the countryside
  • whether the proposal would achieve low carbon design

What decided it

The absence of a valid mitigation agreement for the Tamar EMS, which could not be overcome by the benefits of location and low carbon design, and which engaged the habitats protection exception to the tilted balance.

the benefits of suitable location and low carbon design were outweighed by the inability to mitigate significant harm to the Tamar European Marine Site, and the habitats protection policies provided a strong reason for refusal displacing the presumption in favour of sustainable development

Framework references: 11, 14, 162, 164, 167, 193

Plan policies cited: DEV26, DEL1, SPT1, SPT2, TTV1, TTV2, TTV26, DEV29, DEV32

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.