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Planning appeal decision

Dismissed19 May 20266003960

Land at Westleigh, Westleigh, Devon, EX39 4NP

outline application for access and scale only for 9 dwellings (6 market and 3 affordable dwellings)

Authority
North Devon District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Rose C

Main issues, as the Inspector framed them

  • whether the proposed development would preserve the setting of the Grade II Listed Rock Cottage and the effect on the setting of the Westleigh Conservation Area (WCA) and the character and appearance of the wider area
  • whether the appeal site is an appropriate location for housing with particular regard to the local development strategy

What decided it

The harm to the setting and significance of the Grade II Listed Rock Cottage and the Westleigh Conservation Area, which would not be outweighed by the public benefits and which provides a strong reason for refusal under NPPF paragraph 11(d)(i).

The moderate benefits of housing delivery, affordable housing provision, economic benefits and on-site public open space were outweighed by the substantial adverse impacts of conflict with the local development strategy, harm to the significance of a listed building, and harm to the character and appearance of the conservation area and wider area.

Framework references: 11, 65, 215

Plan policies cited: Policy ST14, Policy ST15, Policy DM04, Policy DM07, Policy ST07, Policy ST08, Policy ST17, Policy ST19, Policy DM24, Policy ST21, Policy ST18

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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.