Decision details

Decision details

Enforcement Notice for New Inn, Fremington Ref 13479

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: within the last 10 years unauthorised change of use of land to siting of tables and chairs.
• The breach of planning control alleged: with the last 4 years unauthorised development consisting of the formation of raised platforms and hardstanding (gravel) areas.

Reasons for the decision:

1.1. An Enforcement Notice should be issued to remedy the alleged breaches of planning control. The Council considers it expedient to issue this Notice for the following reasons:

1.2. The siting of the development comprising the seating area and raised platforms results in unacceptable impact on amenity from noise, smell and disturbance to the enjoyment of property, to the significant detriment of the occupiers of ‘Tall Trees’ to the west of the site. This is contrary to the criterion of polices DM01(a), DM02(2)(a and b) and DM04 (I) and to Paragraph 135 of the NPPF as the continued siting of the public area would fail to safeguard the amenities of neighbouring users.

Alternative options considered:

3.1. The owners of the site has been advised to remove the unauthorised works or submit an application for their retention. They have been requested on more than one occasion to remove the unauthorised works and development but there has been no compliance to date. The owner has submitted a Certificate of Lawfulness application but that is currently invalid and has been since April 2024.

Publication date: 12/06/2024

Date of decision: 11/06/2024

Accompanying Documents:

  • Restricted enclosure  
  • Enforcement Notice for New Inn, Fremington Ref 13479