Decision details

The land is located in the countryside where the North Devon and Torridge Local Plan (NDTLP), and National Planning Policy Framework (NPPF) seek to restrict certain forms of development in the interests of sustainable development. The land is currently being used for the storage and residential use of two caravans, non-agricultural vehicles and other items not linked to an agricultural use.
The change of use of land is controlled and limited to that which meets local economic and social needs, rural building reuse and use that is necessarily restricted to a countryside location in accordance with Policy ST01: Principles of Sustainable Development and Policy ST07 (4): Spatial Development Strategy for Northern Devon’s Rural Area of the North Devon and Torridge Local Plan adopted in October 2018.
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 NDTLP 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: Rural Worker Accommodation of the NDTLP relating to rural workers dwellings and paragraph 79 of the NPPF. These provide exceptional circumstances for residential development in the countryside. The residential use of the caravans is not justified for rural workers accommodation in regard to Policy DM28 or any of the exceptions contained in paragraph 79 of the National Planning Policy Framework.
In addition the current use of the land would not appear to fall within any of the rural economy criteria outlined in policy DM14: Rural Economy, given that the use does not appear to have strong links to agriculture.
Whilst the occupant of the caravans works locally and goes back to Surrey at weekends there is not an ‘essential’ need for him to reside on the land to look after the domestic animals and limited livestock, other than for convenience.
The land is accessed from a substandard junction and so the development would have highway implications. Paragraph 109 of the National Planning Policy Framework states that applications should be refused on transport grounds where the residual cumulative impacts of the development are severe and Policy DM05: Highways states that all development must ensure safe and well-designed vehicular access and egress, adequate parking and layouts which consider the needs and accessibility of al highway users including cyclists and pedestrians.
The development would result in increased use of the junction onto the public highway. There is limited visibility from and of vehicles using the junction. This increased use would result additional danger to all road users and a loss of amenity along the designated public right of way. This is contrary to policy DM05 of the NDTLP.
The use of the land for the storage and residential use of the caravans, vehicles and other items, not linked to an agricultural use, nor requiring a rural location, is considered against strategic policies ST01, ST07, DM14 and DM28 of the NDTLP. Furthermore 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 contrary to Policy DM05: Highways of the NDTLP and Paragraph 109 of the NPPF.

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

The Council considers it is necessary to remedy the breach of planning control by the removal of the caravans and all other vehicles and paraphernalia not used in connection with agriculture and that lesser steps cannot deal with the issue. There is no functional requirement for the retention and storage of the caravans on the land insofar as it does not meet any of the criteria listed under Policies ST07 or DM28. It is also necessary and in the public interest to take enforcement action since otherwise the use could become lawful with the passage of time which as stated above is contrary to long established planning policies seeking to protect the character of the area.