Appeal 6004565

The appeal is allowed and planning permission is granted for a shed construction at [site address] in accordance with the terms of the application, Ref 81043, subject to the following conditions:

The development hereby permitted shall be carried out in accordance with drawing no’s: Shed Location Plan; [name] (dated 23/11/25); Roof (dated 23/11/25); [name] (dated 23/11/25); [name] (dated 23/11/25); [name] (dated 23/11/25); and Floor Plan (dated 23/11/25).

The application form does not contain the full address details for the site. I have therefore used the details as provided on the appellant’s appeal form and the Council’s decision notice.

The main issues are: (i) whether the development is in a suitable location having regard to the Council’s spatial strategy; and (ii) the effect of the development on the character and appearance of the area. I am satisfied that these details accurately describe the site’s location.

The appeal site is located outside of any defined settlement and so is regarded as being within the open countryside for planning purposes. Policy ST07 of the [name] and Torridge Local Plan 2011 – 2031 (the LP) sets out the spatial strategy for rural areas within northern Devon. Part four of the policy states that, within the countryside, development will be limited to that which, among other things, is necessarily restricted to a countryside location.

In this instance, the appellant has noted that they have already planted several fruit trees, with the aspiration to plant more. The Council appears to agree that some trees have been planted on site.

On the basis of what has been planted, and the appellant’s wishes to undertake further planting, the need for a small storage shed for hand tools that would be used in relation to the maintenance of the land, as well as providing temporary storage for any produce, seems quite reasonable. While tools could perhaps be transported to and from the site each time the appellant visited, I do not consider that requiring him to do this would be either reasonable or fair. As a result, I am satisfied that the development is necessarily restricted to a countryside location, and as a result, it accords with the relevant aspects of LP Policy ST07(4).

The shed is located immediately next to a mature hedgerow and is therefore not easily visible from the road. I acknowledge that it has a similar appearance to the type of shed that might be found within a domestic garden. However, its small size is reflective of the limited extent of the landholding and its intended function. Indeed, I am satisfied that a wooden structure of this kind is not an incongruous feature within countryside locations, and I find no harm in this regard.

As a result, the development does not have a negative effect on the character and appearance of the area. It therefore conforms with the relevant aspects of [name] ST04, DM04 and DM08A which seek to ensure that development is well designed and that it preserves character and appearance.

I have imposed a condition to identify the relevant plans in the interests of certainty. As the appeal relates to a retrospective application, the standard commencement condition is not required.

The proposed development is in accordance with the development plan when considered as a whole. Having had regard to all matters raised, I conclude that the appeal should be allowed.