Decision details

The breach alleges the change of use of the buildings, which appears to be a stable block to an events venue. The site visit identified sleeping accommodation, wash facilities and a bar in the building.
The site lies outside of the main built form of the settlement of Milltown therefore its location is considered as countryside.
Policy ST07 facilitates development in the countryside where a rural location is required, provides social or economic benefits and involves building reuse. It is reasonable to expect an events venue, particularly where there is an intention to host weddings, to be somewhere more remote from built up areas and this would also provide economic benefits as well as re-using an existing building.
Policy DM14 of the North Devon
or
(b) sites or buildings adjoining or well related to a defined settlement or a Rural Settlement; or
(c) the proposed employment use has a strong functional link to local agriculture, forestry or other existing rural activity;
provided that:
(d) there is no adverse impact on the living conditions of local residents;
(e) the scale of employment is appropriate to the accessibility of the site and the standard of the local highway network; and
(f) proposals respect the character and qualities of the landscape and the setting of any affected settlement or protected landscape or historic assets and their settings and include effective mitigation measures to avoid adverse effects or minimise them to acceptable levels.’
In terms of the above criteria, it is considered (a) is likely to be met, however in terms of (d) and (e) there are fundamental concerns in respect of the suitability of the highway access for such a use. Whilst visibility can be achieved using the access to The Bolthole and closing off the existing access, there is little information around parking availability. This, therefore, is likely to present adverse impacts to highway safety from on-road parking on a classified road.
Furthermore, the Council’s Environmental Health Service has identified unknowns in terms of noise generation which could result in adverse impacts to nearby third party properties. The potential parking arrangements within the curtilage of The Bolthole would also harm the amenity of any future occupier of The Bolthole which could end up in third party ownership from multiple movements at unsociable hours.
As such the negative impact on neighbouring amenity from noise generated from the site and vehicle movements and the adverse impact on highway safety from potential for parking on a classified highway due to insufficient on-site parking are such that it is not considered that the development complies with Policies DM14, DM01, DM02, DM05 and DM06 of the NDTLP as well as conflicting with objectives of the National Planning Policy Framework at paragraphs 108 and 127.

To issue an Enforcement Notice under Section 172 of the Town

It is considered that the issue of the Notice is the appropriate and proportionate action in order to remedy the alleged breach of planning control