Decision Maker: Service Manager, Development Management Team
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision requested by decision maker:
Agreement to issue Enforcement Notice for storage of a caravan on
Land known as The Triangle, Knightacott Lane, Button Hill Cross,
Bratton Fleming, Devon.
1.1. Without planning permission, the material
change of use of land known as The Triangle, Knightacott Lane,
Button Hill, Cross Bratton Fleming for the storage of a caravan.
Proceed to Enforcement Notice. The breach of planning control
alleged that is within the last 10 years unauthorised change of use
consisting of the storage of a caravan and domestic items including
a dog kennel.
1.2. 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:
1.3. The site comprises a small triangular piece of land which
amounts to approximately 521 square metres upon which a caravan has
been sited along with other domestic paraphernalia including a dog
kennel.
1.4. 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.
1.5. 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.
1.6. The siting of a caravan in the countryside which is not linked
to an agricultural use in this location 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.
1.7. 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.
1.8. 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.
1.9. 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. In addition
Policy DM28: Rural Workers Accommodation of the NDTLP allows for
the provision of accommodation in the countryside for a rural
worker. However there is no functional/financial need or
justification in this instance.
1.10. Whilst the owner of the land has commented that the caravan
is being used for the storage of implements and materials to
maintain the land, planning permission was approved on 20 November
2019 for the erection of a wooden shed for storage of machinery and
equipment to maintain the land. This permission was never
implemented and is no longer extant.
1.11. There is no evidence of the land being cultivated for an
agricultural use and therefore no justification for its siting. The
caravan should therefore be removed.
1.12. 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.
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
breaches.
Publication date: 28/06/2024
Date of decision: 27/06/2024
Accompanying Documents: