Cosy Cow Shed, near Dalwood, Devon (holiday let to dwelling)

appeal 6009619·East Devon·29 September 2026allowed
Decision
allowed, 29 September 2026
Decided by
Planning Inspector: S Sharp
Authority
East Devon (South West)
Appeal reference
6009619
Application reference
25/1721/FUL
Procedure
written representations
Development
Change of use of a holiday-let dwelling to unrestricted residential occupation (removal of holiday restriction)
Homes
1
Site context
open countryside, national landscape, rural lane, PDL
Green Belt
No
Housing land supply
3.5 years
Framework applied
August 2026 NPPF
Determinative policies
S5(1)(d), TR3, S5(2)
Development plan policies
East Devon Local Plan 2016 Strategies 1, 3, 5B, 7, 27, TC2
Main issues
appropriate location for an unrestricted dwelling

Summary

Removal of a holiday-occupancy restriction from a converted cow shed near Dalwood, East Devon, was allowed. The inspector walked the unlit, unpaved route to the village and found that residents would rely on the car, conflicting with the local plan. But under the 2026 Framework the existing holiday dwelling is previously developed land, so S5(1)(d) applies. No "should be refused" policy was breached, and TR3 was not engaged for a single dwelling. The Framework outweighed the plan conflict.

Issues and findings

Planning balance

S5(1): minor benefit and no adverse effects under the Framework's decision-making policies, so the benefits are not substantially outweighed (DL ¶19). The local-plan conflict on car reliance stands, but "the Framework is a material consideration of critical importance" and outweighs it (DL ¶22–23).

What made the difference

S5(1)(d) treats a change of use of an existing dwelling (here holiday-restricted) as PDL redevelopment, and the S5 balance weighs only harms under the Framework's own decision policies. Once TR3 was found not engaged for one dwelling, there was no Framework harm to weigh against the local-plan conflict. For a larger number of units, the same unlit route would probably have engaged TR3.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
S5(1)(d)passexisting holiday dwelling is PDL; material change of use to residential falls within (d) (DL 15)
AnnexB:PDLpassproperty accords with the Annex B definition (DL 15)
S5(3)not-engagedpart of a group of houses and a Methodist church, so not isolated; HO11 not triggered (DL 4, 20)
S5(2)passno conflict with any "should be refused" policy - L3(4), DP3(3), TR6(4), F6(1), F7(2), N2(2), N6(1)(a), N6(2), HE6(5) listed and checked (DL 14, 16)
TR3not-engagedroute to Dalwood walked - 7 min, unlit, no footways, steep return; car reliance likely; but one dwelling is not significant movement absolutely or relative to the road, and the "change of use nature" makes a genuine choice of modes "impractical" (DL 5-7, 17-18)
CC2passno conflict with CC2/TR3/TR4 (DL 17-18)
HO7benefitlimitedone extra home, "minor weight" despite a 3.5-year supply (DL 19)
N4neutralBlackdown Hills National Landscape - statutory purpose considered; no physical change (DL 10)
N6passRiver Axe SAC nutrient catchment - existing use allowed 365 days, so no increase in occupancy; screened out (DL 11)
LP Strategies 1/3/5B/7/27, TC2 (local)conflictcar reliance and unrestricted housing in the countryside conflict with the plan as a whole; outweighed by the Framework (DL 8, 22-23)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.