Decision details
Enforcement Notice for Land at Snapdown ref 13650
Decision Maker: Service Manager, Development Management Team
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
Approval to serve Enforcement Notice to remedy
the alleged breach of planning control. The breach of planning
control alleged is within the last 4 years there has been
unauthorised development consisting of operational development
comprising:
1. The siting of timber stable type buildings on the land and
storage of non-agricultural items and domestic paraphernalia;
2. The formation of an access track to the southeast of the site,
the construction of soil bank/earth bunds, and creation of
foundation holes;
An Enforcement Notice should be issued to remedy the alleged breach
of planning control.
Reasons for the decision:
1.1. An Enforcement Notice should be issued to
remedy the alleged breach of planning control. The Council
considers it expedient to issue this notice for the following
reasons:
1.2. The land is located within the countryside where the North
Devon and Torridge Local Plan (NDTLP) and National Planning Policy
Framework seek to restrict certain forms of development in the
interests of sustainable development. The land is currently being
used for the stationing of 3 timber stable type buildings whilst a
further timber stable type building is under construction (the base
is currently in situ). Whilst one of the stable type buildings is
empty the other two are being used for storing items not linked to
an agricultural use.
1.3. The works which have taken place are not considered to be
justified in respect of Policy ST07 of the North Devon and Torridge
Local Plan, constituting unjustified development in the countryside
demonstrating no local, social needs or economic benefits or reason
for a countryside location.
1.4. 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.
1.5. The use has changed the visual appearance of the site. The
provision of these timber structures and access track on elevated
land (approximately 90-100 metres Above Ordnance Datum) is visible
from the public realm and neither conserves nor enhances the
landscape qualities of this rural area and is contrary to Policies
ST14 and DM08A of the NDTLP and paragraph 180 of the National
Planning Policy Framework.
1.6. It is considered the erection of these buildings are not
justified in this isolated rural location in the open countryside
and is contrary to Policies ST01, ST07 and DM14 of the North Devon
and Torridge Local Plan.
1.7. The Council considers it is necessary to remedy the breach of
planning control by the removal of the buildings 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 of the buildings on the land insofar as they do not
meet any of the criteria listed under Policies ST07 or DM14. It is
also necessary and in the public interest to take enforcement
action since otherwise the development 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.
Alternative options considered:
3.1. The owner of the site has been advised
that the retention of the works and development is not likely to
receive Officer support therefore submitting an application for
their retention is not likely to be successful. They have been
requested to remove the development but there has been no
compliance to date.
Publication date: 06/06/2024
Date of decision: 05/06/2024
Accompanying Documents:
- Enforcement Notice for Land at Snapdown ref 13650
PDF 299 KB
- Enforcement Notice for Land at Snapdown ref 13650