Decision details
Enforcement Notice for Land to South of 2 Bredwick Cottages, Kentisbury EX31 4NN case ref 13213
Decision Maker: Service Manager, Development Management Team
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
Agreement to issue Enforcement Notice for Land
to South of 2 Bredwick Cottages, Kentisbury EX31 4NN case ref
13213
Reasons for the decision:
1.1. The breach of planning control alleged is
within the last 10 years unauthorised change of use consisting of a
change of use to a storage use including but not only the siting of
shipping containers for storage purposes, the storage of a blue
vehicle and white trailer, storage of materials such as gas bottle,
ladder, scrap and waste items.
1.2. The breach of planning control alleged is within the last 4
years unauthorised development consisting of the siting of two
shipping containers.
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. The development site is located within the Countryside, beyond
an identified Local Centre, Village, Rural Settlement. The
introduction of permanent structures and a storage use at the site
in this location is not considered to meet local economic and
social needs, constitute rural building re-use or development which
is necessarily restricted to a Countryside location. The principle
of development therefore does not accord with policy ST07 of the
North Devon and Torridge Local Plan.
1.5. There is not considered to be a demonstrated operational need
for additional agricultural storage at the site given the existing
agricultural operation at the site and that there is an existing
agricultural shed on the site. The principle of development
therefore does not accord with Policy DM14 of the North Devon and
Torridge Local Plan.
1.6. The placement of shipping containers, and storage use -
vehicles and other large items on the land, by virtue of the
visible siting within the landscape, the haphazard placement of
objects and the industrial/ man made appearance of the shipping
containers are considered to result in an adverse visual impact on
the character and appearance of the surrounding rural landscape
contrary to Local Plan policies ST14, DM14, DM04 and DM08A.
Alternative options considered:
3.1. There are no other actions the Council
can take to remedy this breach of planning control. The owner has
not complied and removed the stored items and shipping containers.
The owner does not consider they are in breach and believes the
shipping containers are not development and that they are also
permitted development. The owner will not comply unless formal
action is taken.
Publication date: 29/01/2025
Date of decision: 27/01/2025
Accompanying Documents:
- Enforcement Notice for Land to South of 2 Bredwick Cottages, Kentisbury EX31 4NN case ref 13213
PDF 397 KB
- Enforcement Notice for Land to South of 2 Bredwick Cottages, Kentisbury EX31 4NN case ref 13213