Agreement to issue Breach of Condition Notice for St Johns Garden Centre, Roundswell, Barnstaple, Devon, EX31 3FA

1.1. The development has not been carried out in accordance with the approved condition.

1.2. Works have commenced on site and the following pre-commencement conditions have not been discharged required under application 77276:
Condition 25 - Save for the installation of the access and estate road (as set out in drawing number 1943 2 REV B) no other development shall commence until the following information has been submitted to and approved in writing by the Local Planning Authority:
(b) Detailed proposals for the management of surface water and silt runoff from the site during construction of the development hereby permitted.
(c) Proposals for the adoption and maintenance of the permanent surface water drainage system.

1.3. This condition has been imposed to ensure the proposed surface water drainage system will operate effectively and will not cause an increase in flood risk either on the site, adjacent land or downstream in line with SuDS for Devon Guidance (2017) and national policies, including NPPF and PPG .The condition should be adequately discharged pre to commencement of works since it is essential that the proposed surface water drainage system is shown to be feasible before works begin to avoid redesign / unnecessary delays during construction when site layout is fixed.

1.4. It is therefore expedient to proceed to issue the BCN on the basis of the following. The relevant planning permission to which this Notice relates is the planning permission reference ref 77276 granted by the Council on 14 December 2023.

1.5. The requirements of this condition have not been met as detailed proposals for the management of surface water and silt runoff from the site during construction of the development hereby permitted and proposals for the adoption and maintenance of the permanent surface water drainage system have not been submitted or approved.

1.6. The requirements of the Notice will be to submit the following information:
(b) Detailed proposals for the management of surface water and silt runoff from the site during construction of the development hereby permitted.
(c) Proposals for the adoption and maintenance of the permanent surface water drainage system within a period of 30 days.

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 breach which is why a formal Notice is required now.