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Official casework recordDismissedCurrent release

Appeal 3273556

Public case and site metadata stored from the official casework database, including fields that were empty in the source release.

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Official decision document

The decision, section by section

4 sections

Read the development description and the Inspector’s text from the official decision PDF in source order. Source headings are retained where available. Personal and contact details are removed by an automated privacy filter; this is source material, not Rules for You analysis.

Section 01

Development description

the change of use of agricultural building to a dwelling.

  1. Section 02

    Decision

    The appeal is dismissed.

  2. Section 03

    Main Issue

    The main issue is whether the proposal is permitted development, with regard to whether on 20 March 2013 (the relevant date) the building was used for an agricultural use as part of an established agricultural unit.

  3. Section 04

    Reasons

    The appellant has owned the land for some time with a view to establishing an agricultural enterprise at the site. The building was erected and appears to have been used for agricultural purposes. However, to benefit from the permitted development right, the agricultural use must have been for the purposes of a trade or business.

    I am told that the appellant has undertaken considerable research, learning, and training to support the establishment of a vineyard and orchard at the site. Infrastructure was put in and the orchard was planted in around 2008. Vines were planted in around 2009. Accounts have been kept since 2007, there has been smallholder insurance, and a limited company was formed in 2009. This all indicates intent to establish a business at the site.

    While there may be no need for a profit in order to trigger permitted development rights, there has now been a period in excess of 10 years from the planting of the orchard and vines without evidence that any tradable produce has been made or even any crop harvested. I appreciate that businesses such as this will take time to establish, the appellant has spent money on maintenance, and that the vines could have a long life. However, there is no substantive evidence as to how long the establishment period is expected to be, on average or for this particular enterprise. As such, given the already substantial period of time that has passed, I cannot be certain that trade or business activities will come to fruition.

    Therefore, whatever the appellant’s intentions may have been around 2008-9 and beyond, and the stated desire to run the business upon retirement from his current profession, the evidence before me does not indicate that the building was in use for agricultural purposes as a trade or business at the relevant date. It has, therefore, not been demonstrated that the building benefits from permitted development rights to change use to a dwelling.

    I note that site is at the edge of Abbotskerswell, with [name] also nearby, and that, until late in the application process, the appellant believed that prior approval would be forthcoming. However, these matters do not lead me away from my earlier finding which is based on the legislative requirements and evidence before me.

    Therefore, the appeal is dismissed.

Planning inspector and document dates

The official casework attribution is grouped under a one-way keyed hash and shown only by its local identifier. Decision-letter dates and page references are extracted by fixed first-page rules and checked against that authoritative record.

  • Appeal Decision

    Extracted inspector · page 1
    Inspector attribution ID 696No official casework-database value to compare
    Extracted decision date · page 1
    31 July 2021Matches the official casework database
    Extracted site visit dates
    27 July 2021 (page 1)

Reference and authority

Official identifiers and the planning authority recorded against this case.

Case reference
3273556
Application reference
20/02363/NPA
Lead case reference
Not recorded
Planning authority
Teignbridge District Council
Planning authority code
E07000045

Casework details

The casework, procedure, development and linking details supplied by the official record.

Casework type
Planning Appeal
Procedure
Written Representations
Development type
Change of use
Appeal type reason
3. Refused prior approval of permitted development rights
Appeal reason
Refusal
Type detail
Planning Appeals - Full
Jurisdiction
Transferred
Link status
Not Linked

Site and development

Published appeal-site measurements and planning designations, without the withheld precise location fields.

Site area
0.02 hectares
Floor space
115 m²
Number of residences
1
Site in Green Belt
No
Agricultural holding
No
Affects setting of a listed building
Not recorded
Historic building grant made
Not recorded
Relates to a conservation area
Not recorded
Flooding is an issue
Not recorded
Site within an AONB
Not recorded
Site within an SSSI
Not recorded

Decision and dates

The published outcome and every imported case date.

Official decision
Dismissed
Decision category
Dismissed
Received date
21 April 2021
Valid date
4 May 2021
Start date
20 May 2021
Planning authority decision date
11 February 2021
Appeal decision date
31 July 2021

Case administration

Published recovery, call-in, costs and enforcement information for this case.

Redetermined
No
Bespoke
No
Date recovered
Not recorded
Date not recovered or derecovered
Not recorded
Call-in date
Not recorded
Costs applied for
Not recorded
Enforcement grounds count
Not recorded
Enforcement grounds
Not recorded

Source and catalogue history

When this record appeared in the rolling official release and when the catalogue stored it.

Source
Planning Inspectorate casework database
Source data system
Horizon
Dataset status
Current release
Catalogue record ID
1304
First seen
20 August 2026 at 14:24
Last seen
20 August 2026 at 16:25
Removed from release
Not recorded
Record created
20 August 2026 at 14:24
Record updated
20 August 2026 at 16:25
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