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