Decision requested by decision maker: Agreement to issue Enforcement Notice (Breach of Condition Enforcement Notice) for Bulldog Fish Farm, Snapper, Barnstaple, EX32 7JX

BACKGROUND / REASONS FOR THE DECISION REQUEST/BREACH OF PLANNING CONTROL ALLEGED
1.1. The breach of planning control alleged that is within the last 10 years development and works in breach of a condition attached to planning permission reference 70751.

1.2. A Breach of Condition 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 development of the pond and storage of spoil on site and no provision of ground level reduction on the site has resulted in increased flood risk elsewhere contrary to Policy ST03 of the adopted North Devon and Torridge Local Plan and Paragraph 173 of the National Planning Policy Framework (December 2023). Furthermore the use of the site by members of the public has resulted in an increase in the volume of traffic entering and leaving the county road through an access that does not provide adequate visibility from and of emerging vehicles, with consequent risk of additional danger to all users of that road and interference with the free flow of traffic, contrary to Policy DM05 (1) of the joint North Devon and Torridge Local Plan 2011 - 2031 (2018) and Paragraphs 114 (b) and 115 of the National Planning Policy Framework (December 2023).

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. No planning application has been submitted to regularise the breach.