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Planning appeal decision

Allowed29 June 20266006625

Moorview Cottage, Pyworthy, Holsworthy, EX22 6LG

conversion of disused agricultural barn to 2 units of holiday accommodation without complying with a condition attached to planning permission Ref 1/1720/2002/48/0015, dated 15 January 2003.  The condition in dispute is No 1 which states that the premises shall be used for holiday accommodation only and for no other purposes (including any purpose in Class C3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that class in any Statutory Instrument for revoking and re-enacting that Order:  The reason given for the condition is: Other residential use would be contrary to Policy DVT2 of the Revised Deposit Torridge District Local Plan

Authority
Torridge
Appeal type
Planning
Procedure
Written
Development
leisure-sport
Postcode
EX22 6LG

Main issues, as the Inspector framed them

  • Whether the condition is reasonable and necessary, having regard to the location and access to services and facilities
  • The effect of the loss of holiday accommodation on local tourism

What decided it

The property's 20-month marketing history at reasonable prices with no firm offers, combined with its remote rural location making it unattractive to the tourism market, provided compelling evidence that the holiday occupancy condition was no longer reasonable or necessary.

No balancing exercise was undertaken; the proposal was found to accord with the development plan and no material considerations indicated a different decision should be taken.

Framework references: 84, 88, 11

Plan policies cited: Policy ST07, Policy ST10, Policy ST13, Policy DM18, Policy DM27, Policy DVT2

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.