A CONTROVERSIAL planning permission to rebuild a bungalow on the South West Coastal Path near Porlock has been quashed by the High Court.

Exmoor National Park Authority (ENPA) members narrowly voted against planning officer Joe White’s recommendation and approved plans to replace the derelict wooden Hurlstone Bungalow, in Bossington, with a larger, eco-bungalow.

The decision flew in the face of opposition from hundreds of local residents and led to the Campaign for the Protection of Rural England (CPRE) starting a legal action to overturn it.

A pre-action letter prior to judicial review was served on the ENPA, which then accepted its decision had been unlawful, and so it was quashed by the High Court.

CPRE Somerset chairman Hugh Williams said: “We took this legal action because we wanted to show our support for local residents who wish to protect the unique qualities of the coastal path from inappropriate development.

“We were also concerned that only some of the elements of the national park’s replacement buildings policy had been considered by councillors, while others had been overlooked.

The derelict wooden Hurlstone Bungalow which is proposed to be replaced with a new off-grid eco home.
The derelict wooden Hurlstone Bungalow which was proposed to be replaced with a new off-grid eco home. PHOTO: Ivo Carew Architects.

“This would have set an unwelcome precedent.

“CPRE Somerset is a small charity, but we feel it is important to speak out when our finest landscapes are threatened by bad planning decisions.

“We are grateful for the financial support we received from local objectors to help fund this action.”

The ‘modest workman’s wooden bungalow’ dates to the 1920s and was said to be last occupied in 2016 and in a relatively poor state of repair.

Access to the site was through a ford and along a track known as Hurlstone Lane, which also carries the coast path from the National Trust car park in Bossington.

The new bungalow would have been 30 feet longer on the seaward side than the existing building and five feet taller at its highest point.

Mr White recommended refusal on the grounds that a small cabin in the woods would have been replaced by a prominent dwelling with greater impact on tranquil landscape in a sensitive location.

However, ENPA members approved in contravention of their own policy requiring the scale and mass to be similar to the existing building.

Opposition to the application included a standing room only public meeting in Porlock where residents voiced their their objections, and a mass demonstration in Bossington car park when ENPA members and officers made a site visit.

An ENPA spokesperson said the application would be brought back to its planning committee for re-determination.

The spokesperson said permission had been granted for the proposed demolition of the existing bungalow and sheds and erection of a replacement eco-bungalow and a new shed.

But after taking legal advice on the judicial review pre-action protocol letter, the park authority decided not contest the claim and agreed to consent to judgement on the basis of one of the grounds of the claim.

The uncontested part was failing to demonstrate a determination had been reached on whether or not the replacement dwelling reflected the massing and scale of the original dwelling.