Decision details

Title of Decison Requested: Enforcement Notices for Plot 44, Plot 8, Plot 15A/B, Plot 19 and Plot 43 &56 at Winson Farm, Chittlehampton ref 13319

1. BACKGROUND / REASONS FOR THE DECISION REQUEST
1.1. The site does not benefit from agricultural (or other such) Permitted Development (PD) as PD rights have been removed through an Article 4 Direction. No part of the development has any Permitted Development Rights (agricultural or otherwise). Permission would be required to site buildings or fences/gates within or to the boundary of the site. All items are unauthorised development within the countryside.

1.2. The items listed below are not related to operational agricultural functions of the site, or to any other rural based enterprise, and there are no material or functional or economic reasons to continue to site the items in the countryside. The works comprise unacceptable additions to the countryside, contrary to policy ST07 (4) because they are not limited to that which is enabled for economic or social needs and are not necessarily required within the countryside setting. By virtue of the visual prominence of the site from the outskirts of Chittlehampton to the north, and from the locality around the site and the B3227 Road, the works are visually prominent and of scale, mass and appearance that detracts from the countryside setting of the area and are contrary to policies DM04 (a,b and c) (Design) and DM08A (1) (Landscaping). The works are unauthorised, incongruously sited, unattractive in design form, and unnecessary in this countryside location and must be removed.
1.3. Plot 8 - One larger shed, remaining on the land.
Application 78306 was refused on 8 May 2024. No part of the shed or associated water tanks are authorised. The site is subject to the Article 4 Direction. The Shed is unauthorised. The shed is not in use for agricultural purposes, the development is not authorised or reasonably required to be sited for any purpose in the countryside.

1.4. Proceed to Enforcement Notice for Plot 8 (shed). The breach of planning control alleged that is within the last 4 years is unauthorised development consisting of a structure on land. The Council considers it expedient to issue this Notice for the following reasons:

1.5. There is no evidence that the building or water tanks sited relate to an agricultural enterprise. The works comprise operational development which are unacceptable in the countryside.

1.6. In the absence of any credible business plan or supporting evidence to demonstrate that that the proposed development is reasonably required to support the rural economy for farming, or that there is an existing agricultural use to which the development can be linked, it cannot be demonstrated that there are overriding economic or social benefits such as to outweigh the harm of the siting of the development in the open countryside. In addition, in the absence of any demonstrated need for the development, the siting and scale of the proposed building does not respect the rural character of this agricultural land and is not acceptable within its landscape setting. This development is therefore considered contrary to Policy ST04, ST07(4), and DM04 of the NDTLP, paragraph 83 and part 12 of the National Planning Policy Framework.

1.7. By virtue of its prominent visual siting, scale, mass and appearance, the proposed development would result in incongruous features in the local landscape and associated works on a skyline ridge, which would not respect or enhance the visual appearance of the landscape character Type 5D – Estate Wooded Farmland as defined in the Joint North Devon and Torridge Landscape Character Assessment, and would fail to demonstrate enhancement or preservation of the rural character of the area contrary to policies ST14(g), DM04 (b and d), DM08A (1) and part 12 of the National Planning Policy Framework.

1.8. Plot 44 – unauthorised structure and fencing remains on the land.
The fencing around the plot is still up. The site is subject to the Article 4 Direction. The structure and fencing are unauthorised developments. An application was refused for the shed, conservatory and the associated works through application 76977 on 10th August 2023. This was not appealed and the decision stands. Notwithstanding that part of the development has been removed, the remaining shed structure and fencing items comprise unauthorised development which are not reasonably required in the countryside, and which comprises incongruous and unattractive development within the countryside.

1.9. Proceed to Enforcement Notice for Plot 44 (structure and fencing)
The breach of planning control alleged that is within the last 10 years (Material change of use to storage use of items) and 4 years for unauthorised development consisting of structures and fencing on the Land. An Enforcement Notice should be issued to remedy the alleged breaches of planning control. The Council considers it expedient to issue this notice for the following reasons:

1.10. There is no evidence that the building, water tanks or fencing sited relate to an agricultural enterprise. In the absence of any credible business plan or supporting evidence that the proposed development is reasonably required to support the rural economy for farming, or that there is an existing agricultural use to which the development can be linked, it cannot be demonstrated that there are overriding economic or social benefits such as to outweigh the harm of the siting of the building, items and fencing in the open countryside. In addition, in the absence of any demonstrated need, the siting and scale of the development does not respect the rural character of this agricultural land and is not acceptable within its landscape setting. This proposed development is therefore considered contrary to Policy ST04, ST07(4), and DM04 of the NDTLP, paragraph 83 and part 12 of the National Planning Policy Framework.

1.11. By virtue of the prominent visual siting, scale, mass and appearance, the proposed developments would result in incongruous features in the local landscape and associated works, which would not respect or enhance the visual appearance of the landscape character Type 5D – Estate Wooded Farmland as defined in the Joint North Devon and Torridge Landscape Character Assessment, and would fail to demonstrate enhancement or preservation of the rural character of the area contrary to policies ST14(g), DM04 (b and d), DM08A (1) and part 12 of the National Planning Policy Framework.

1.12. Plot 15A/B - fencing around the plot and domestic storage.
As the site is subject to the Article 4 Direction the fencing is unauthorised development in this countryside location. The domestic items are not required for any purpose incidental to the agricultural use of the land and are not sited under PD rights due to the Article 4 Direction.

1.13. Proceed to Enforcement Notice for Plot 15A/B (fencing and domestic storage)
The breach of planning control alleged that is within the last 10 years (Material change of use to storage use) and 4 years for unauthorised development consisting of fencing on the Land. An Enforcement Notice should be issued to remedy the alleged breaches of planning control. The Council considers it expedient to issue this notice for the following reasons:

1.14. There is no evidence that the fencing or items sited relate to an agricultural enterprise. In the absence of any credible business plan or supporting evidence that the items are reasonably required to support the rural economy for farming, or that there is an existing agricultural use to which the works can be linked, it cannot be demonstrated that there are overriding economic or social benefits such as to outweigh the harm of the siting of this building in the open countryside. The continued siting of the items is therefore considered contrary to Policy ST04, ST07(4), and DM04 of the NDTLP, paragraph 83 and part 12 of the National Planning Policy Framework.
1.15. By virtue of its prominent visual siting, scale, mass and appearance, the works would result in an incongruous feature in the local landscape, which would not respect or enhance the visual appearance of the landscape character Type 5D – Estate Wooded Farmland as defined in the Joint North Devon and Torridge Landscape Character Assessment, and would fail to demonstrate enhancement or preservation of the rural character of the area contrary to policies ST14(g), DM04 (b and d), DM08A (1) and part 12 of the National Planning Policy Framework.

1.16. Plot 19 - the fencing around the plot remains as do access gates. The boarded fence behind the boundary to the right of the gate remains. Timber pallets and domestic items remain stored on the land.
As the site is subject to the Article 4 Direction and as the fencing and access gates are not sited for apparent agricultural purposes, and are unauthorised developments in this countryside location. Application ref 75991 which sought approval for ‘Retrospective application for part removal of hedge to create entranceway with gate together with erection of fence and installation of a double decker bus to be convert into camper van for holiday let purposes’ was withdrawn in June 2023. This is relevant as it incorporated the fencing and gates forming this part of the enforcement case. At the time the case Officer considered that no part of the proposal, including the fence or access gate comprised acceptable development in the countryside. The fence and gate and associated paraphernalia are not required for the purposes of agriculture, do not comprise Permitted Development by virtue of the Article 4 Direction.

1.17. Proceed to Enforcement Notice for Plot 19 (fencing, gates, storage use including pallets and domestic items)
The breach of planning control alleged that is within the last 10 years (Material change of use to storage use) and 4 years for unauthorised development consisting of fencing and gates on the Land. An Enforcement Notice should be issued to remedy the alleged breaches of planning control. The Council considers it expedient to issue this notice for the following reasons:

1.18. There is no evidence that the fencing or gates or any of the items listed relate to an agricultural enterprise. The evidence of the refused planning permission indicates that the site was not in use for agricultural purposes. In the absence of any credible business plan or supporting evidence that the proposed development is reasonably required to support the rural economy for farming, or that there is an existing agricultural use to which the development can be linked, it cannot be demonstrated that there are overriding economic or social benefits such as to outweigh the harm of the siting of this building in the open countryside. In addition, in the absence of any demonstrated need for the building, the siting and scale of the proposed building does not respect the rural character of this agricultural land and is not acceptable within its landscape setting. This proposed development is therefore considered contrary to Policy ST04, ST07(4), and DM04 of the NDTLP, paragraph 83 and part 12 of the National Planning Policy Framework.

1.19. By virtue of its prominent visual siting, scale, mass and appearance, the proposed development would result in an incongruous feature in the local landscape and associated works on a skyline ridge, which would not respect or enhance the visual appearance of the landscape character Type 5D – Estate Wooded Farmland as defined in the Joint North Devon and Torridge Landscape Character Assessment, and would fail to demonstrate enhancement or preservation of the rural character of the area contrary to the wording of the Article 4 Direction and policies ST14(g), DM04 (b and d), DM08A (1) and part 12 of the National Planning Policy Framework.

1.20. Plot 43 & 56 – structures on the land and fencing
The owner wishes to remove the small plastic storage boxes and replace these with one small storage shed. There is a current invalid planning application in with us for this. The Planning team are chasing the missing information. Currently on site two plastic storage boxes and make-shift fencing. The site is subject to the Article 4 Direction and as the items do not appear to be being used for agricultural purposes, the development is not authorised or reasonably required to be sited for any purpose in the countryside.

1.21. There is no evidence that the items listed relate to an agricultural enterprise. In the absence of any credible business plan or supporting evidence that the items are reasonably required to support the rural economy for farming, or that there is an existing agricultural use to which the works can be linked, it cannot be demonstrated that there are overriding economic or social benefits such as to outweigh the harm of the siting of this building in the open countryside. In addition, in the absence of any demonstrated need for the building, the siting and scale of the proposed building does not respect the rural character of this agricultural land and is not acceptable within its landscape setting. This proposed development is therefore considered contrary to Policy ST04, ST07(4), and DM04 of the NDTLP, paragraph 83 and part 12 of the National Planning Policy Framework.

1.22. Proceed to Enforcement Notice for Plot 43 & 56
The breach of planning control alleged that is within the last 4 years for unauthorised development consisting of fencing and structures on the Land.
An Enforcement Notice should be issued to remedy the alleged breaches of planning control. The Council considers it expedient to issue this notice for the following reasons:

1.23. By virtue of its scale, mass and appearance, the items would result in incongruous features in the local landscape and associated works, which would not respect or enhance the visual appearance of the landscape character Type 5D – Estate Wooded Farmland as defined in the Joint North Devon and Torridge Landscape Character Assessment, and would fail to demonstrate enhancement or preservation of the rural character of the area contrary to the wording of the Article 4 Direction and to policies ST14(g), DM04 (b and d), DM08A (1) and part 12 of the National Planning Policy Framework

3.1. There are no other actions the Council can take to remedy this breach of planning control. The owners have not willingly complied with requests to remedy the breaches or submitted successful planning applications to retain the unauthorised development.