Newbridge House, Bishops Tawton, Barnstable, EX32 0EW
North Devon District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 9 February 2022
- Authority
- North Devon District Council
- Inspector
- Bale M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor retail and services
- Appellant
- Mr Brian Sims
- LPA reference
- 72669
- ONS LPA code
- E07000043
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 6 December 2021
Summary AI
The appeal was dismissed due to the proposal not meeting the criteria for new tourism accommodation under the Local Plan. The Inspector considered the policy requirements and found that the proposal did not provide a substantially different offer that would meaningfully diversify tourism accommodation.
PDF text
Newbridge House, Bishops Tawton, Barnstable, EX32 0EW — North Devon District Council — Appeal Decision Site visit made on 1 February 2022 by M Bale BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 09 February 2022 Appeal Ref: APP/X1118/W/21/3283696 Land adjoining Newbridge House, Bishops Tawton EX32 0EW • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Brian Sims against the decision of North Devon District Council. • The application Ref 72669, dated 21 December 2020, was refused by notice dated 30 March 2021. • The development proposed is new build, 2 bedroom holiday lodge/log cabin. Alteration/ improvement to access. Provision of electric vehicle charging point. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is whether the site is an appropriate location for the development. Reasons 3. The first part of Policy DM18 of the North Devon and Torridge Local Plan 2018 (LP) seeks to guide tourism accommodation to the most accessible larger population centres. The second part of the Policy also supports additional accommodation elsewhere, where one of 3 criteria are met.
Newbridge House, Bishops Tawton, Barnstable, EX32 0EW — North Devon District Council — Appeal Decision The first criterion relates to existing tourism, visitor or leisure attractions; the second to the conversion of existing buildings. Neither of these apply. 4. The third criterion supports new accommodation where it improves facilities for or diversifies the range or improves the quality of existing tourism accommodation. The Council say that this must relate to existing accommodation at the site of the proposal, to reflect the general policy of development restraint in the rural area. Indeed, unlike part 2, part 1 of Policy DM18, relating to the larger centres, makes reference to diversification of accommodation across northern Devon, generally. 5. Prior to the application, the Council advised the appellant of a wider policy interpretation where the relevant criterion could relate to existing accommodation in the wider area. I understand that, historically, some applications may have been determined on that basis. I, therefore, understand the appellant’s frustration that the interpretation has since changed. 6.
Newbridge House, Bishops Tawton, Barnstable, EX32 0EW — North Devon District Council — Appeal Decision However, while I have been well appraised of the dispute surrounding the Council’s advice to the appellant, there is no substantive evidence to counter the Council’s reasoned policy interpretation in respect of this appeal. As such, https://www.gov.uk/planning-inspectorate
Newbridge House, Bishops Tawton, Barnstable, EX32 0EW — North Devon District Council — Appeal Decision However, while I have been well appraised of the dispute surrounding the Council’s advice to the appellant, there is no substantive evidence to counter the Council’s reasoned policy interpretation in respect of this appeal. As such, https://www.gov.uk/planning-inspectorate
Newbridge House, Bishops Tawton, Barnstable, EX32 0EW — North Devon District Council — Appeal Decision Appeal Decision APP/X1118/W/21/3283696 there are no grounds for me to reach a contrary view on this key aspect of the planning merits. 7. In any case, the Policy also requires a proposal to improve the quality of accommodation in the area. I acknowledge support from a reputable letting agent who is confident that there would be demand. There are also limited accommodation opportunities in the immediate area, although the rationale for the search area used in evidence, has not been explained. 8. In any case, while nearby accommodation may not be log cabins or may not provide for electric vehicle charging, the evidence does not demonstrate that the proposal would provide a substantially different offer that would meaningfully diversify tourism accommodation. Furthermore, at the site visit, I observed continuous road noise and views of traffic crossing the nearby river bridge. Thus, although the generally undeveloped landscape and outlook from the accommodation is undoubtedly attractive, it is not particularly tranquil or remote. 9. I, therefore, find that the proposal would not improve facilities for nor diversify the range of existing tourism accommodation.
Newbridge House, Bishops Tawton, Barnstable, EX32 0EW — North Devon District Council — Appeal Decision As such, it is contrary to LP Policy DM18 that seeks to control the location of new tourism accommodation and the appeal is dismissed.
Newbridge House, Bishops Tawton, Barnstable, EX32 0EW — North Devon District Council — M Bale INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Green belt Against appellant ¶3-9
The proposal did not meet the criteria for new accommodation under Policy DM18, as it did not improve facilities for or diversify the range of existing tourism accommodation. The Inspector found that the proposal would not provide a substantially different offer, and that the site was not an appropriate location for the development.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 208 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 9 February 2022 under the Open Government Licence.