Agreement to issue Breach of Condition Notice for Land at Fern Way, Ilfracombe (also known as The Shields Ilfracombe)

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

1.2. The agreed scheme has not been wholly completed to adoptable standard within 4 weeks of the issue date of the planning permission 78131, 5 December 2024.

1.3. Condition 17: The development shall be carried out in accordance with the approved surface water drainage scheme listed in condition 2 above. The agreed scheme shall thereafter be constructed and wholly completed to adoptable standard within 4 weeks of the issue date of this planning permission.

1.4. The condition has been imposed to ensure the construction of an adoptable drainage system to mitigate flood risk from surface water.

1.5. 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 78131 granted by the Council on 5 December 2025.

1.6. The requirements of this condition have not been met as the agreed scheme has not been constructed and wholly completed to adoptable standard within 4 weeks of the issue date of the planning permission 78131.

1.7. The requirements of this Notice will be to construct and wholly complete the approved surface water drainage scheme to adoptable standard 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.