There has been a material change of use of the
caravan as it is now being occupied on a permanent residential
basis. No planning application has been received and no planning
permission has been granted for this use.
The site lies in the countryside removed from a settlement
boundary. In the determination of planning applications. Section 38
(6) of the Planning and Compulsory Purchase Act 2004 is relevant.
This states that for the purpose of any determination to be made
under the Planning Acts, the determination is to be made in
accordance with the development plan unless material considerations
indicate otherwise. The development plan for this area includes the
North Devon and Torridge Local Plan (NDTLP) adopted in October
2018.
Section 4 of NDTLP policy STO7 - Spatial Development Strategy for
Northern Devon’s Rural Area is relevant states that ‘In
the countryside, beyond Local Centres, Villages and Rural
Settlements, development will be limited to that which is enabled
to meet local economic and social needs, rural building reuse and
development which is necessarily restricted to a countryside
location.’
The residential use of the caravan at this site meets none of the
above criteria being an open market housing use of the caravan
which does not functionally or operationally need to be on the site
or restricted to being within a countryside location. The
development is therefore contrary to the provisions of Policy STO7
(4) of the NDTLP.
Decision type: Non-key
Decision status: Recommendations Approved
Notice of proposed decision first published: 24/11/2020
Decision due: 19 Feb 2020 by Head of Place
Contact: Michael Tichford, Head of Place Email: michael.tichford@northdevon.gov.uk.