Decision details

Title of Decison Requested: Enforcement Notice for mobile home at Mockham Barton Smallholding, Brayford ref 10721

1. BACKGROUND / REASONS FOR THE DECISION REQUEST
1.1. Without planning permission, the material change of use of land to the north of Mockham Barton known as ‘Mockham Barton Smallholding’, Brayford from agriculture to the storage of a mobile home.

1.2. The breach of planning control alleged that is within the last 10 years unauthorised storage of a mobile home.

1.3. 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:

1.4. This is a steeply sloping site where at the southern end of the site, adjacent to the highway (A399), the land is currently being used for the storage of a mobile home which is not linked to an agricultural use.

1.5. 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.

1.6. 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.

1.7. The siting of a mobile home which is not linked to an agricultural use in this location in the countryside 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.

1.8. 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.

1.9. 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. Whilst there is an existing field gate the access does not provide adequate visibility from and of emerging vehicles, with consequent risk of additional danger to all users of the A399 and interference with the free flow of traffic. In addition, users of the site are reliant of private transport to access it, which is contrary to both sustainability aims and safety aims of Policy DM05 of the NDTLP and paragraphs 114(b) and 115 of the National Planning Policy Framework (December 2023).

1.10 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.

1.11 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.

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.