Decision Maker: Head of Place
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
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.
To issue an Enforcement Notice under Section
171A(1)(a) of the Town
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