Read the Inspectors full Decision  – Appeal  Ref: APP/K1128/W/19/3230870

 

The Members of the South Hams Society are delighted that the Inspector has refused a Planning Appeal for a development within the South Devon Area of Outstanding Natural Beauty where the design of the property failed to conserve or enhance the AONB. As such the proposal would have seriously harmed the character and appearance of the area. Consequently, the Inspector found that the proposed development would conflict with Council policies, including  DEV10, DEV20, DEV23, DEV24 and DEV25 of the Plymouth and South West Devon Joint Local Plan.

This case is notable in a number of ways. The South Hams District Council Officers were very clearly opposed on the same material planning grounds as the Inspector. The main issues, in this case, were the effect of the proposal on the character and appearance of the area, including the South Devon Area of Outstanding Natural Beauty, and a tree protected by a Tree Preservation Order.

I don’t recall another case where the full-text of the Society’s Letter Of Representation has been included in the Report – possibly a unique ‘achievement’.  Key paragraphs in the Inspectors Decision include:

  1. Section 85 of the Countryside and Rights of Way Act 2000 requires that I have regard to the purpose of conserving and enhancing the natural beauty of AONB’s. Furthermore, Paragraph 172 of the Framework specifies that great weight must be given to conserving and enhancing the landscape and scenic beauty of these areas. In this instance, the design of the property fails to conserve or enhance the AONB. As such the proposal harms the character and appearance of the area.
  2. Consequently, I find conflict with policies DEV10, DEV20, DEV23, DEV24 and DEV25 of the Plymouth and South West Devon Joint Local Plan (JLP) adopted 2019. I find further conflict with policies SALC B1 and SALC ENV1 of the Salcombe Neighbourhood Plan (NP) Adopted July 2019, and conflict with paragraphs 170 and 172 of the Framework. Together these policies collectively seek, amongst other things that new development is of a high-quality design that protects, maintains and enhances the landscape and character of the area. The Council has referred to NP policy SALC ENV6, however, I do not find this is relevant as the site does not specifically fall within any locally important views defined within this policy

 

Well done to all the Society’s members involved and especially Mike, Les, and Didi.

Read the Inspectors full Decision  – Appeal  Ref: APP/K1128/W/19/3230870

 

 

 

 

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