Decision details

Decision requested by decision maker: Agreement to issue Enforcement Notice for storage of a caravan on Land known as The Triangle, Knightacott Lane, Button Hill Cross, Bratton Fleming, Devon.

1.1. Without planning permission, the material change of use of land known as The Triangle, Knightacott Lane, Button Hill, Cross Bratton Fleming for the storage of a caravan. Proceed to Enforcement Notice. The breach of planning control alleged that is within the last 10 years unauthorised change of use consisting of the storage of a caravan and domestic items including a dog kennel.

1.2. 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:

1.3. The site comprises a small triangular piece of land which amounts to approximately 521 square metres upon which a caravan has been sited along with other domestic paraphernalia including a dog kennel.

1.4. 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.

1.5. 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.

1.6. The siting of a caravan in the countryside which is not linked to an agricultural use in this location 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.

1.7. 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.

1.8. 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.

1.9. 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. In addition Policy DM28: Rural Workers Accommodation of the NDTLP allows for the provision of accommodation in the countryside for a rural worker. However there is no functional/financial need or justification in this instance.

1.10. Whilst the owner of the land has commented that the caravan is being used for the storage of implements and materials to maintain the land, planning permission was approved on 20 November 2019 for the erection of a wooden shed for storage of machinery and equipment to maintain the land. This permission was never implemented and is no longer extant.

1.11. There is no evidence of the land being cultivated for an agricultural use and therefore no justification for its siting. The caravan should therefore be removed.

1.12. 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.

3.1. 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 breaches.