Decision details

ENF 11418: Alleged unauthorised change of use - storage of machinery and unauthorised development - creation of hardstanding 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 machinery constitutes a material change of use. The area hatched blue on the plan is used for the storage of machinery used in conjunction with an agricultural contracting business, operating from the adjacent land, therefore falling within a B8 use. The formation of hardstanding constitutes operational development.
The existing agricultural contracting business operates on a 2.5 hectare site to the east and north-east of the site which is an extensive site area with both indoor and outdoor storage facilities and large areas of hardstanding, the latter not all of which benefits from planning permission but is now immune from enforcement action. The additional area hatched blue is not considered to be required for the business, given its already expansive site area and its B8 use. The further expansion of the site is not considered to be justified economic development in the countryside contrary to Policy ST07 and DM12 of the North Devon and Torridge Local Plan.
Furthermore the extensive hardstanding and proliferation with machinery is of a scale and appearance that it would detract from the landscape qualities of the area as defined in the Landscape Character Assessment contrary to the requirements of Policies ST14 and DM08A of the North Devon and Torridge Local Plan.
The development also has highway implications as the expansion into this area facilitates intensification of the B8 activities taking place on the site therefore generating additional movements 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 expanding the size of the site by a further 0.8ha 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 use which has taken place would result in severe impacts to the safety of road users therefore contrary to Policy DM05 of the North Devon and Torridge Local Plan and paragraph 109 of the National Planning Policy Framework.

Decision:

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

Alternative options considered:

It is considererd proportionate to issue an enforcment notice to remedy the breach of planning control

Publication date: 24/11/2020

Date of decision: 28/08/2019