Decision details

ENF 12141: Alleged Unauthorised change of use - residential use of the building known as Pine Tree Cabin, storage and residential use of a caravan at Pine Tree Lodge Thornlands Combe Martin Ilfracombe Devon EX34 0NT

Decision Maker: Head of Place

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Policy ST07(4) of the North Devon and Torridge Local Plan (NDTLP) - Spatial Development Strategy for Northern Devon’s Rural Area 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 storage and residential use of the caravan which has been positioned within a building at this site meets none of the above criteria being an open market housing use 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 ST07(4) of the NDTLP.
Whilst the residential use of the building (Pine Tree Cabin) could be considered re-use of buildings, which is permissible by virtue of Policy DM27 of the NDTLP and paragraph 79 of the National Planning Policy Framework (NPPF), its change of use is not considered to result in a positive impact on the immediate setting. This is because its appearance as a domestic building, its scale and fenestration detract from the wider rural area. The residential use of the building is therefore contrary to the requirements of Policy DM27 of the NDTLP and paragraph 79 of the NPPF.
Furthermore, the building and the caravan do not provide suitable residential amenity for any occupants due to an absence of outdoor private amenity space and in the case of the caravan access to ambient daylight due to its concealed position within a barn. This would be contrary to Policies DM01 and DM04 of the NDTLP.

Decision:

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

Alternative options considered:

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

Publication date: 24/11/2020

Date of decision: 23/03/2020