Householder Change of Use Approved Planning Application Mid Devon District Council
At HEAL Planning & Developments, we helped a homeowner in Devon to secure planning permission to incorporate a section of public amenity land into their existing residential garden.
The application was submitted to Mid Devon District Council and sought permission for the change of use of amenity land to private residential garden land.
Although no new buildings were proposed, the site formed part of an area designated as Local Green Space within the Neighbourhood Plan, meaning a carefully considered planning case was required.
Our client owned a detached family home with a noticeably smaller rear garden than neighbouring properties.
Immediately behind the property was a narrow strip of underutilised amenity land. The client wanted to incorporate this into their garden to create a more practical outdoor space for their family.
Importantly, the proposal would not interfere with existing pedestrian routes, with all public footpaths remaining accessible.
The main challenge was the site’s designation as Local Green Space, which is protected through local planning policy.
Our task was to demonstrate that this particular parcel made only a limited contribution to the wider open space and that its change of use would not undermine the function or character of the remaining green space.
We also needed to demonstrate that the development could deliver appropriate biodiversity and ecological enhancements.
We prepared a comprehensive Planning, Design and Access Statement demonstrating that the proposal represented a modest and proportionate extension to the existing residential curtilage.
Our planning case highlighted that:
Approximately 94% of the existing amenity land would remain untouched, with only around 6% incorporated into the garden.
Existing pedestrian routes would remain fully accessible.
New boundary fencing would match the existing treatment and integrate with the surrounding area.
The land already had a strong visual relationship with neighbouring residential gardens and provided limited public amenity value.
The proposal would deliver measurable Biodiversity Net Gain and ecological enhancements.
We also demonstrated compliance with the Mid Devon Local Plan, the Neighbourhood Plan and National Planning Policy Framework.
Throughout the application, we liaised directly with Mid Devon District Council and managed the planning process through to determination.
Mid Devon District Council granted planning permission for the change of use.
Despite the Local Green Space designation, the Council concluded that this particular parcel was not strategically important to the wider open space.
The Council also recognised that incorporating the land into the client’s garden would improve residential amenity and that the relatively small reduction in open space was outweighed by the benefits of the proposal.
Permission was granted subject to conditions relating to boundary treatments, ecological enhancements, surface water drainage and the removal of certain permitted development rights to protect the remaining open space.
The planning application was registered on 20 November, with planning permission granted on 13 March.
Following approval, we continued to assist the client by preparing and submitting the necessary discharge of conditions applications, including details of the proposed fencing, biodiversity enhancements and drainage strategy.
This allowed the client to progress towards implementing the approved development.
This case demonstrates that planning applications aren’t always about constructing new buildings.
Sometimes the key is making better use of existing land while demonstrating why a proposal remains acceptable despite planning constraints such as Local Green Space designations.
At HEAL Planning & Developments, we provide a fully managed planning service. We prepare detailed Planning Statements, liaise directly with Local Planning Authorities, respond proactively to planning issues and can manage the discharge of planning conditions following approval.
If you’re considering a change of use of land, extending your residential garden or have a development affected by planning constraints, we’d be happy to help.
Complete our enquiry form below and take advantage of our Free No Obligation Consultation with a member of our team.
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