Decisions

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.

To issue an Enforcement Notice under Section 171 (1)(a) of the Town

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.

To issue an Enforcement Notice under Section 171(1)(a) of the Town

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.

To issue an Enforcement Notice under Section 171(1)(a) of the Town

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.

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