Decision details

There has been a material change of use of the caravan as it is now being occupied on a permanent residential basis. No planning application has been received and no planning permission has been granted for this use.
The site lies in the countryside removed from a settlement boundary. In the determination of planning applications. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 is relevant. This states that for the purpose of any determination to be made under the Planning Acts, the determination is to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan for this area includes the North Devon and Torridge Local Plan (NDTLP) adopted in October 2018.
Section 4 of NDTLP policy STO7 - Spatial Development Strategy for Northern Devon’s Rural Area is relevant states that ‘In the countryside, beyond Local Centres, Villages and Rural Settlements, development will be limited to that which is enabled to meet local economic and social needs, rural building reuse and development which is necessarily restricted to a countryside location.’
The residential use of the caravan at this site meets none of the above criteria being an open market housing use of the caravan which does not functionally or operationally need to be on the site or restricted to being within a countryside location. The development is therefore contrary to the provisions of Policy STO7 (4) of the NDTLP.

To issue an Enforcement Notice under Section 171A(1)(a) of the Town

The issue of an enforcement notice is considered a reasonable and proportionate action to remedy the breach of planning control.