The enforcement action relates to the
unauthorised use of the building for B2 purposes. A recent
application for a lawful development certificate was withdrawn
invalid as the applicant did not supply the necessary information
or fee for it to be valid and considered. Within the application,
the applicant/tenant stated that the building had been tenanted
following a verbal agreement on 01 October 2010. The local planning
authority (LPA) considers that the breach of planning control has
not been continuous for a 10 year period.
The applicant/tenant also asserts that his use of the building is
as follows and that it constitutes a B1(c) use:
‘Workshop occupied since 2010 for special Mercedes-Benz
engine conversion projects, research, development and prototype
part making. Projects are all experimenting with new ideas for
sponsors or clients. Depending on the complexity, each project can
take from a few months to several years to complete.
Additional contracts are specialist design, research and
prototyping systems to assist large companies with projects built
elsewhere. 50% of the current work is writing new programmes for
control systems.’
The Town and Country Planning (Use Classes Order) 1987 defines B1
use as:
‘Use for all or any of the following purposes –
(a)as an office other than a use within class A2 (financial and
professional services),
(b)for research and development of products or processes, or
(c)for any industrial process, being a use which can be carried out
in any residential area without detriment to the amenity of that
area by reason of noise, vibration, smell, fumes, smoke, soot, ash,
dust or grit. ‘
The LPA does not agree with the tenant’s view that the
building is in B1 use. The use described by the tenant, above, and
that observed on site are considered to clearly accord with a B2
general industrial use of the site, and a use, which is not
compatible with the surrounding C3 residential occupation of
caravans. This is also evidenced from the Land Use Gazetteer
description of the uses being carried out where it states that akin
uses to the above such as a vehicle repair place, vehicle
engineering place, engine testing or engine tuning place are all B2
uses.
The tenant asserts that the building was constructed without
planning consent in 2005 and therefore has no restrictive
conditions, given that the operational development works have been
immune from enforcement action since 2009. The tenant has stated
that the building has been used for storage and equestrian use
since 2005. This is a mixed use and therefore is not
interchangeable without the benefit of planning consent.
Equestrian use is maintained to the northern part of the building,
with the southern workshop area used in a B2 use, since 01 October
2010 as advised by the tenant. The equestrian use has existed in
excess of 10 years and is within a subdivided part of the building
that the LPA considers a separate planning unit. Policy DM16 of the
North Devon and Torridge Local Plan (NDTLP) supports equestrian
use. Given the length of time that has elapsed the LPA does not
consider it expedient to take enforcement action to control the
equestrian use of the northern part of the building and it has been
excluded from this notice.
The use of the building as a B2 workshop in the open countryside is
not considered to comply with Policy ST07 of the NDTLP. This is
because it would not readily require a countryside location; being
best placed on an industrial estate, away from residential
properties, but in close proximity to a sustainable settlement
where users could access the site. It also would not meet the rural
economy objectives of DM14 of the NDTLP as it would contravene (d)
and (e) of the policy.
The proximity of the vehicle workshop use to residential units with
the associated noise, vibration and odour emissions is such that it
would conflict with the amenity enjoyed by these residents, where
they benefit from a Lawful Development Certificate or personal
planning permissions granted by an enforcement appeal in relation
to 5076. This would conflict with Policies DM01 and DM02 of the
NDTLP.
The use would also attract unsustainable travel movements to the
site, which is remote from the village of Combe Martin and provides
limited access by alternative modes. This would be contrary to
Policy DM05 of the NDTLP and transport objectives of the National
Planning Policy Framework ( NPPF).
Decision type: Non-key
Decision status: Recommendations Approved
Notice of proposed decision first published: 24/11/2020
Decision due: 21 Jul 2020 by Head of Place
Contact: Michael Tichford, Head of Place Email: michael.tichford@northdevon.gov.uk.