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Decision details
 

Decision details

ENF 11214: Alleged unauthorised change of use - storage of caravans at Land at Porte Farm, Kentisbury, Barnstaple, Devon EX31 4NL

Decision Maker: Head of Place

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

The storage of the caravans in this location in the open countryside and their permanent residential use would not be justified under Policy ST07 of the North Devon and Torridge Local Plan, which seeks to restrict new development in the countryside to that which requires a rural location and provides for local social or economic needs. This policy is further supported by Policy DM28 relating to rural workers dwellings and paragraph 79 of the NPPF. These provide exceptional circumstances for residential development in the countryside. In this case none of these exceptions would apply. As whilst the occupants of the caravans are employed locally there is not an ‘essential’ need for them to reside close to their place of work, other than for convenience. Supervisory accommodation exists at the site in the form of a chalet benefitting from a lawful development certificate for residential occupation all in control of the landowner and there are other dwellings on adjacent land in part control of the owner.
The units are remote from other facilities required on a daily basis and would be accessed from a substandard junction from the A39. The development would have highway implications in that the provision of 7 units of permanent residential accommodation would generate an additional 42-56 movements per day onto an A class road from a substandard junction. The absence of a right turn lane into the site coupled with the increase in vehicle movements from 7 permanent residential units would interrupt the free-flow of traffic travelling at the national speed limit along the A39 and therefore would be likely to result in a serious collision. As such it is considered that the change of use that has taken place would result in severe impacts to the safety of road users and is in an unsustainable location therefore contrary to Policy DM05 of the North Devon and Torridge Local Plan and paragraph 109 of the National Planning Policy Framework.
Furthermore the presence of 7 caravans whether inhabited or stored would detract from the setting of the Grade II Listed Farmhouse and curtilage listed barns and would neither preserve nor enhance the setting of these buildings therefore contrary to Policy DM07 of the North Devon and Torridge Local Plan and would not meet the statutory duty of Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Decision:

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

Alternative options considered:

It is considered proportionate to issue an enforcement notice to remedy the breach of planning control.

Publication date: 24/11/2020

Date of decision: 28/08/2019