Decision details

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: