Decision details

ENF 11413: Alleged Unauthorised development - erection of a skate ramp at Sunshine 55A Moor Lea Braunton Devon EX33 2PF

Decision Maker: Head of Place

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

The development has created a timber purpose built skate ramp in the rear amenity space of a dwellinghouse which is situated within a residential area. The development consists of two ramps and three platforms of differing heights and has been constructed on an elevated grassed area close to the rear boundary with the neighbouring properties to the north. It enables users of the skate ramp to have a clear unobstructed view into the amenity space of a neighbouring property and the use of the structure will cause a noise disturbance, which will adversely impact neighbours surrounding the site.
People are entitled to enjoy their own homes without undue disturbance or intrusion from neighbouring uses and development must have regard to the importance of protecting residential and other amenities. The development of the skate ramp is in breach of North Devon and Torridge Local Plan (NDTLP) Policy DM01 which supports development “where it would not significantly harm the amenities of neighbouring occupiers or uses”. In addition, the development breaches NDTLP Policy DM25 which states that ancillary development will be supported where “(c) there being no significant adverse impact on the amenity of the occupants of neighbouring properties”.

Decision:

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

Alternative options considered:

Planning permission was refused under application 70764. The Planning Inspectorate has dismissed an appeal against the refusal to grant planning permission.

Publication date: 24/11/2020

Date of decision: 23/06/2020