®Planning appeal decision
Agricultural Building At Grid Reference 263359 108381, Winkleigh, EX19 8HZ
Demolition of agricultural barns and the construction of 1 no. dwelling with associated works following the grant of prior approval (refs. 1/0010/2025/AGMB)
- Authority
- Torridge
- Appeal type
- minor · Planning
- Procedure
- Written
- Development
- residential
- Postcode
- EX19 8HZ
Main issues, as the Inspector framed them
- the effect of the proposed development on the character and appearance of the area
- whether the requirements of BNG are relevant to the proposed development and, if so, whether such requirements are met
What decided it
The failure to meet the statutory biodiversity net gain requirements combined with the significant harm to character and appearance outweighed the benefits of housing delivery and the fallback position in the context of the tilted balance.
The adverse impacts of harm to character and appearance and failure to provide minimum information requirements for biodiversity net gain would significantly and demonstrably outweigh the moderate benefits of housing delivery and the fallback Class Q scheme, such that the presumption in favour of sustainable development does not apply.
Framework references: 11
Plan policies cited: Policy ST04, Policy DM04, Policy DM08A, Policy ST14, Policy HCLW1, Policy ENV1, Policy ENV2
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823; Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314
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.