Council's demand for evidence leads to barn permission

In refusing to determine an appeal involving the prior approval of an agricultural barn in Devon an inspector agreed that the council's decision, which made reference only to a lack of evidence that the unit functioned as a trade or business, did not fall within the terms of Part 6 of the GPDO 1995.

The inspector decided that the council’s determination of the application should have been limited to the siting, design and external appearance of the building. Issues relating to agricultural trade or business were not matters which fell within the scope of Part 6. No decision was made within the requisite 28 days as to whether prior approval of these matters was required. Consequently, the development was in effect permitted after 28 day had elapsed and the inspector declined to determine the appeal.

Inspector: Neil Pope; Written representations

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