Decision Maker: Service Manager, Development Management Team
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Title of Decison Requested: Enforcement Notice
for mobile home at Mockham Barton Smallholding, Brayford ref
10721
1. BACKGROUND / REASONS FOR THE DECISION
REQUEST
1.1. Without planning permission, the material change of use of
land to the north of Mockham Barton known as ‘Mockham Barton
Smallholding’, Brayford from agriculture to the storage of a
mobile home.
1.2. The breach of planning control alleged that is within the last
10 years unauthorised storage of a mobile home.
1.3. 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:
1.4. This is a steeply sloping site where at the southern end of
the site, adjacent to the highway (A399), the land is currently
being used for the storage of a mobile home which is not linked to
an agricultural use.
1.5. The land is located in the countryside where the North Devon
and Torridge Local Plan (NDTLP) and National Planning Policy
Framework (NPPF) seeks to restrict certain forms of development in
the interests of sustainable development.
1.6. 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.
1.7. The siting of a mobile home which is not linked to an
agricultural use in this location in the countryside 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.
1.8. Policy ST14 relates to protecting landscape and biodiversity
interests. In terms of the use this does not appear to provide for
any of the criteria of Policy ST07 nor does it conserve landscape
character or biodiversity interests given it is not development
which justifies a remote rural location.
1.9. In terms of the wider development management policies, the
breach identified would not represent appropriate development in
terms of design and location contrary to Policies DM04 and DM08A of
the North Devon and Torridge Local Plan. Its location is remote
from any settlement. Whilst there is an existing field gate the
access does not provide adequate visibility from and of emerging
vehicles, with consequent risk of additional danger to all users of
the A399 and interference with the free flow of traffic. In
addition, users of the site are reliant of private transport to
access it, which is contrary to both sustainability aims and safety
aims of Policy DM05 of the NDTLP and paragraphs 114(b) and 115 of
the National Planning Policy Framework (December 2023).
1.10 In terms of the type of use it would not appear to fall within
any of the rural economy criteria outline in Policy DM14 given the
use does not appear to have any links to agriculture.
1.11 The Local Planning Authority consider is necessary to remedy
the breach of planning control by removal of the mobile home and
that lesser steps cannot deal with the issue. 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 it contrary to long established planning
policies seeking to protect the character of the area.
There are no other actions the Council can
take to remedy this breach of planning control. The owner has not
willingly complied with requests to remedy the breach.
Publication date: 28/06/2024
Date of decision: 27/06/2024
Accompanying Documents: