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
Notices for Plot 44, Plot 8, Plot 15A/B, Plot 19 and Plot 43
&56 at Winson Farm, Chittlehampton ref 13319
1. BACKGROUND / REASONS FOR THE DECISION
REQUEST
1.1. The site does not benefit from agricultural (or other such)
Permitted Development (PD) as PD rights have been removed through
an Article 4 Direction. No part of the development has any
Permitted Development Rights (agricultural or otherwise).
Permission would be required to site buildings or fences/gates
within or to the boundary of the site. All items are unauthorised
development within the countryside.
1.2. The items listed below are not related to operational
agricultural functions of the site, or to any other rural based
enterprise, and there are no material or functional or economic
reasons to continue to site the items in the countryside. The works
comprise unacceptable additions to the countryside, contrary to
policy ST07 (4) because they are not limited to that which is
enabled for economic or social needs and are not necessarily
required within the countryside setting. By virtue of the visual
prominence of the site from the outskirts of Chittlehampton to the
north, and from the locality around the site and the B3227 Road,
the works are visually prominent and of scale, mass and appearance
that detracts from the countryside setting of the area and are
contrary to policies DM04 (a,b and c) (Design) and DM08A (1)
(Landscaping). The works are unauthorised, incongruously sited,
unattractive in design form, and unnecessary in this countryside
location and must be removed.
1.3. Plot 8 - One larger shed, remaining on the land.
Application 78306 was refused on 8 May 2024. No part of the shed or
associated water tanks are authorised. The site is subject to the
Article 4 Direction. The Shed is unauthorised. The shed is not in
use for agricultural purposes, the development is not authorised or
reasonably required to be sited for any purpose in the
countryside.
1.4. Proceed to Enforcement Notice for Plot 8 (shed). The breach of
planning control alleged that is within the last 4 years is
unauthorised development consisting of a structure on land. The
Council considers it expedient to issue this Notice for the
following reasons:
1.5. There is no evidence that the building or water tanks sited
relate to an agricultural enterprise. The works comprise
operational development which are unacceptable in the
countryside.
1.6. In the absence of any credible business plan or supporting
evidence to demonstrate that that the proposed development is
reasonably required to support the rural economy for farming, or
that there is an existing agricultural use to which the development
can be linked, it cannot be demonstrated that there are overriding
economic or social benefits such as to outweigh the harm of the
siting of the development in the open countryside. In addition, in
the absence of any demonstrated need for the development, the
siting and scale of the proposed building does not respect the
rural character of this agricultural land and is not acceptable
within its landscape setting. This development is therefore
considered contrary to Policy ST04, ST07(4), and DM04 of the NDTLP,
paragraph 83 and part 12 of the National Planning Policy
Framework.
1.7. By virtue of its prominent visual siting, scale, mass and
appearance, the proposed development would result in incongruous
features in the local landscape and associated works on a skyline
ridge, which would not respect or enhance the visual appearance of
the landscape character Type 5D – Estate Wooded Farmland as
defined in the Joint North Devon and Torridge Landscape Character
Assessment, and would fail to demonstrate enhancement or
preservation of the rural character of the area contrary to
policies ST14(g), DM04 (b and d), DM08A (1) and part 12 of the
National Planning Policy Framework.
1.8. Plot 44 – unauthorised structure and fencing remains on
the land.
The fencing around the plot is still up. The site is subject to the
Article 4 Direction. The structure and fencing are unauthorised
developments. An application was refused for the shed, conservatory
and the associated works through application 76977 on 10th August
2023. This was not appealed and the decision stands.
Notwithstanding that part of the development has been removed, the
remaining shed structure and fencing items comprise unauthorised
development which are not reasonably required in the countryside,
and which comprises incongruous and unattractive development within
the countryside.
1.9. Proceed to Enforcement Notice for Plot 44 (structure and
fencing)
The breach of planning control alleged that is within the last 10
years (Material change of use to storage use of items) and 4 years
for unauthorised development consisting of structures and fencing
on the Land. 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:
1.10. There is no evidence that the building, water tanks or
fencing sited relate to an agricultural enterprise. In the absence
of any credible business plan or supporting evidence that the
proposed development is reasonably required to support the rural
economy for farming, or that there is an existing agricultural use
to which the development can be linked, it cannot be demonstrated
that there are overriding economic or social benefits such as to
outweigh the harm of the siting of the building, items and fencing
in the open countryside. In addition, in the absence of any
demonstrated need, the siting and scale of the development does not
respect the rural character of this agricultural land and is not
acceptable within its landscape setting. This proposed development
is therefore considered contrary to Policy ST04, ST07(4), and DM04
of the NDTLP, paragraph 83 and part 12 of the National Planning
Policy Framework.
1.11. By virtue of the prominent visual siting, scale, mass and
appearance, the proposed developments would result in incongruous
features in the local landscape and associated works, which would
not respect or enhance the visual appearance of the landscape
character Type 5D – Estate Wooded Farmland as defined in the
Joint North Devon and Torridge Landscape Character Assessment, and
would fail to demonstrate enhancement or preservation of the rural
character of the area contrary to policies ST14(g), DM04 (b and d),
DM08A (1) and part 12 of the National Planning Policy
Framework.
1.12. Plot 15A/B - fencing around the plot and domestic
storage.
As the site is subject to the Article 4 Direction the fencing is
unauthorised development in this countryside location. The domestic
items are not required for any purpose incidental to the
agricultural use of the land and are not sited under PD rights due
to the Article 4 Direction.
1.13. Proceed to Enforcement Notice for Plot 15A/B (fencing and
domestic storage)
The breach of planning control alleged that is within the last 10
years (Material change of use to storage use) and 4 years for
unauthorised development consisting of fencing on the Land. 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:
1.14. There is no evidence that the fencing or items sited relate
to an agricultural enterprise. In the absence of any credible
business plan or supporting evidence that the items are reasonably
required to support the rural economy for farming, or that there is
an existing agricultural use to which the works can be linked, it
cannot be demonstrated that there are overriding economic or social
benefits such as to outweigh the harm of the siting of this
building in the open countryside. The continued siting of the items
is therefore considered contrary to Policy ST04, ST07(4), and DM04
of the NDTLP, paragraph 83 and part 12 of the National Planning
Policy Framework.
1.15. By virtue of its prominent visual siting, scale, mass and
appearance, the works would result in an incongruous feature in the
local landscape, which would not respect or enhance the visual
appearance of the landscape character Type 5D – Estate Wooded
Farmland as defined in the Joint North Devon and Torridge Landscape
Character Assessment, and would fail to demonstrate enhancement or
preservation of the rural character of the area contrary to
policies ST14(g), DM04 (b and d), DM08A (1) and part 12 of the
National Planning Policy Framework.
1.16. Plot 19 - the fencing around the plot remains as do access
gates. The boarded fence behind the boundary to the right of the
gate remains. Timber pallets and domestic items remain stored on
the land.
As the site is subject to the Article 4 Direction and as the
fencing and access gates are not sited for apparent agricultural
purposes, and are unauthorised developments in this countryside
location. Application ref 75991 which sought approval for
‘Retrospective application for part removal of hedge to
create entranceway with gate together with erection of fence and
installation of a double decker bus to be convert into camper van
for holiday let purposes’ was withdrawn in June 2023. This is
relevant as it incorporated the fencing and gates forming this part
of the enforcement case. At the time the case Officer considered
that no part of the proposal, including the fence or access gate
comprised acceptable development in the countryside. The fence and
gate and associated paraphernalia are not required for the purposes
of agriculture, do not comprise Permitted Development by virtue of
the Article 4 Direction.
1.17. Proceed to Enforcement Notice for Plot 19 (fencing, gates,
storage use including pallets and domestic items)
The breach of planning control alleged that is within the last 10
years (Material change of use to storage use) and 4 years for
unauthorised development consisting of fencing and gates on the
Land. 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:
1.18. There is no evidence that the fencing or gates or any of the
items listed relate to an agricultural enterprise. The evidence of
the refused planning permission indicates that the site was not in
use for agricultural purposes. In the absence of any credible
business plan or supporting evidence that the proposed development
is reasonably required to support the rural economy for farming, or
that there is an existing agricultural use to which the development
can be linked, it cannot be demonstrated that there are overriding
economic or social benefits such as to outweigh the harm of the
siting of this building in the open countryside. In addition, in
the absence of any demonstrated need for the building, the siting
and scale of the proposed building does not respect the rural
character of this agricultural land and is not acceptable within
its landscape setting. This proposed development is therefore
considered contrary to Policy ST04, ST07(4), and DM04 of the NDTLP,
paragraph 83 and part 12 of the National Planning Policy
Framework.
1.19. By virtue of its prominent visual siting, scale, mass and
appearance, the proposed development would result in an incongruous
feature in the local landscape and associated works on a skyline
ridge, which would not respect or enhance the visual appearance of
the landscape character Type 5D – Estate Wooded Farmland as
defined in the Joint North Devon and Torridge Landscape Character
Assessment, and would fail to demonstrate enhancement or
preservation of the rural character of the area contrary to the
wording of the Article 4 Direction and policies ST14(g), DM04 (b
and d), DM08A (1) and part 12 of the National Planning Policy
Framework.
1.20. Plot 43 & 56 – structures on the land and
fencing
The owner wishes to remove the small plastic storage boxes and
replace these with one small storage shed. There is a current
invalid planning application in with us for this. The Planning team
are chasing the missing information. Currently on site two plastic
storage boxes and make-shift fencing. The site is subject to the
Article 4 Direction and as the items do not appear to be being used
for agricultural purposes, the development is not authorised or
reasonably required to be sited for any purpose in the
countryside.
1.21. There is no evidence that the items listed relate to an
agricultural enterprise. In the absence of any credible business
plan or supporting evidence that the items are reasonably required
to support the rural economy for farming, or that there is an
existing agricultural use to which the works can be linked, it
cannot be demonstrated that there are overriding economic or social
benefits such as to outweigh the harm of the siting of this
building in the open countryside. In addition, in the absence of
any demonstrated need for the building, the siting and scale of the
proposed building does not respect the rural character of this
agricultural land and is not acceptable within its landscape
setting. This proposed development is therefore considered contrary
to Policy ST04, ST07(4), and DM04 of the NDTLP, paragraph 83 and
part 12 of the National Planning Policy Framework.
1.22. Proceed to Enforcement Notice for Plot 43 & 56
The breach of planning control alleged that is within the last 4
years for unauthorised development consisting of fencing and
structures on the Land.
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:
1.23. By virtue of its scale, mass and appearance, the items would
result in incongruous features in the local landscape and
associated works, which would not respect or enhance the visual
appearance of the landscape character Type 5D – Estate Wooded
Farmland as defined in the Joint North Devon and Torridge Landscape
Character Assessment, and would fail to demonstrate enhancement or
preservation of the rural character of the area contrary to the
wording of the Article 4 Direction and to policies ST14(g), DM04 (b
and d), DM08A (1) and part 12 of the National Planning Policy
Framework
3.1. There are no other actions the Council
can take to remedy this breach of planning control. The owners have
not willingly complied with requests to remedy the breaches or
submitted successful planning applications to retain the
unauthorised development.
Publication date: 28/06/2024
Date of decision: 27/06/2024
Accompanying Documents: