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The level of development required to create
this holiday unit goes beyond a conversion or reuse of an existing
building as it involves the demolition of an existing domestic
garden building and the erection of a larger new build holiday unit
in a countryside location. An existing building has not been
converted or reused and the development is not directly related to
an existing tourism accommodation or leisure attraction. The
development includes all the facilities necessary to constitute a
dwelling and is contrary to policies ST07 and DM18 (2) of the North
Devon and Torridge Local Plan.
The location of the development is unsuitable and contrary to the
aims of the National Planning Policy Framework and Planning Policy
ST13 of the North Devon and Torridge Local Plan. The Framework aims
to guide development to sustainable locations and reduce the need
to travel and facilitate sustainable modes of transport. The site
is remotely located from cafes, restaurants and shops which
tourists may need. The nearest centre to the development with a
wide range of tourist facilities is Barnstaple which is three miles
away to the east.
The above reasons were supported by The Planning Inspectorate on 26
June 2019 when dismissing the appeal (APP/X1118/W/19/3223133) to
refuse to grant planning permission under application 65913.
Decision Maker: Head of Place
Decision published: 24/11/2020
Effective from: 28/08/2019
Decision:
To issue an Enforcement Notice under Section
171 (1)(a) of the Town
Lead officer: Michael Tichford
The storage of machinery constitutes a
material change of use. The area hatched blue on the plan is used
for the storage of machinery used in conjunction with an
agricultural contracting business, operating from the adjacent
land, therefore falling within a B8 use. The formation of
hardstanding constitutes operational development.
The existing agricultural contracting business operates on a 2.5
hectare site to the east and north-east of the site which is an
extensive site area with both indoor and outdoor storage facilities
and large areas of hardstanding, the latter not all of which
benefits from planning permission but is now immune from
enforcement action. The additional area hatched blue is not
considered to be required for the business, given its already
expansive site area and its B8 use. The further expansion of the
site is not considered to be justified economic development in the
countryside contrary to Policy ST07 and DM12 of the North Devon and
Torridge Local Plan.
Furthermore the extensive hardstanding and proliferation with
machinery is of a scale and appearance that it would detract from
the landscape qualities of the area as defined in the Landscape
Character Assessment contrary to the requirements of Policies ST14
and DM08A of the North Devon and Torridge Local Plan.
The development also has highway implications as the expansion into
this area facilitates intensification of the B8 activities taking
place on the site therefore generating additional movements onto an
A class road from a substandard junction. The absence of a right
turn lane into the site coupled with the increase in vehicle
movements from expanding the size of the site by a further 0.8ha
would interrupt the free-flow of traffic travelling at the national
speed limit along the A39 and therefore would be likely to result
in a serious collision. As such it is considered that the use which
has taken place would result in severe impacts to the safety of
road users therefore contrary to Policy DM05 of the North Devon and
Torridge Local Plan and paragraph 109 of the National Planning
Policy Framework.
Decision Maker: Head of Place
Decision published: 24/11/2020
Effective from: 28/08/2019
Decision:
To issue an Enforcement Notice under Section
171(1)(a) of the Town
Lead officer: Michael Tichford
The storage of the caravans in this location
in the open countryside and their permanent residential use would
not be justified under Policy ST07 of the North Devon and Torridge
Local Plan, which seeks to restrict new development in the
countryside to that which requires a rural location and provides
for local social or economic needs. This policy is further
supported by Policy DM28 relating to rural workers dwellings and
paragraph 79 of the NPPF. These provide exceptional circumstances
for residential development in the countryside. In this case none
of these exceptions would apply. As whilst the occupants of the
caravans are employed locally there is not an
‘essential’ need for them to reside close to their
place of work, other than for convenience. Supervisory
accommodation exists at the site in the form of a chalet
benefitting from a lawful development certificate for residential
occupation all in control of the landowner and there are other
dwellings on adjacent land in part control of the owner.
The units are remote from other facilities required on a daily
basis and would be accessed from a substandard junction from the
A39. The development would have highway implications in that the
provision of 7 units of permanent residential accommodation would
generate an additional 42-56 movements per day onto an A class road
from a substandard junction. The absence of a right turn lane into
the site coupled with the increase in vehicle movements from 7
permanent residential units would interrupt the free-flow of
traffic travelling at the national speed limit along the A39 and
therefore would be likely to result in a serious collision. As such
it is considered that the change of use that has taken place would
result in severe impacts to the safety of road users and is in an
unsustainable location therefore contrary to Policy DM05 of the
North Devon and Torridge Local Plan and paragraph 109 of the
National Planning Policy Framework.
Furthermore the presence of 7 caravans whether inhabited or stored
would detract from the setting of the Grade II Listed Farmhouse and
curtilage listed barns and would neither preserve nor enhance the
setting of these buildings therefore contrary to Policy DM07 of the
North Devon and Torridge Local Plan and would not meet the
statutory duty of Section 66 of the Planning (Listed Buildings and
Conservation Areas) Act 1990.
Decision Maker: Head of Place
Decision published: 24/11/2020
Effective from: 28/08/2019
Decision:
To issue an Enforcement Notice under Section
171(1)(a) of the Town
Lead officer: Michael Tichford
There is only one supplier in the whole of
South West
(Cornwall, Devon, Somerset and Dorset) that provide this level of
technical support to Land Trusts (CLTs). They are the original hub
set up nationally. The decision is urgent because of Homes England
delayed process by 6 months which means that no further delays can
be afforded and the next Strategy and Resources Committee (7th
October) is too late to action the work required before funding end
date
of 31st March 2020.
A Homes England bid was submitted in February for possible
technical support for CLTs. It was confirmed today by Homes England
that the final engrossments would be signed and sealed and funding
can go ahead. It is therefore appropriate to now apply for a waiver
before going any further. Contract will be funded 90% Homes England
and 10% NDC.
Decision Maker: Chief Executive
Decision published: 16/10/2019
Effective from: 04/09/2019
Decision:
The urgent decision to waive Contract
Procedural Rules and appoint Wessex to assist communities with the
legal set-up of Community Land Trusts without obtaining further
quotes or tenders. The urgent decision is taken under delegated
powers given to the Chief Executive
Lead officer: Ken Miles