Issue details

It seems that the excavation exceeds that made lawful through the granting of applications 64609 and 64116 Certificates of Lawfulness Use or Development to site 8 caravans for full residential use which were granted in 2018.
The lawful schemes did not detail engineering operations and it seems that the approvals were based upon the assumption that the new 8 units could be sited without requiring significant landscaping being required. It is therefore recommended that the engineering operations that have occurred on site exceeds that reasonably covered by the previous consents.
Policy ST01 of the Local Plan states that, when considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework (the NPPF).
Given that the site is located outside of the built form of the village of Berrynarbor, reference is given to policy ST07 of the Local Plan 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.
With regard to design and environmental qualities, Policy ST04 of the Local Plan states that development will achieve high quality inclusive and sustainable design to support the creation of successful, vibrant places. Design will be based on a clear process that analyses and responds to the characteristics of the site, its wider context and the surrounding area taking full account of the principles of design found in policy DM04.
Also, policy DM04 of the Local Plan encourages good design and ensures that development proposals should be appropriate and sympathetic to setting in terms of scale, density, massing, height, layout appearance, fenestration, materials and relationship to buildings and landscape features in the local neighbourhood; reinforce the key characteristics and special qualities of the area in which the development is proposed; and contributes positively to local distinctiveness, historic environment and sense of place.
In addition, with regard to the setting of the Areas of Outstanding Natural Beauty (AONB), Policy DN08A emphasises that great weight will be given to conserving the landscape and scenic beauty of the North Devon Coast Area of Outstanding Natural Beauty and ensure that the landscape character and natural beauty are conserved and enhanced.
In addition, Policy ST14 states that the quality of northern Devon’s natural environment will be protected and enhanced by ensuring that development contributes to conserving the setting and special character and qualities of the North Devon Coast Areas of Outstanding Natural Beauty whilst fostering the social and economic well-being of the area.
Excavations and engineering works have occurred that significantly alter the landscape resulting in a large area of excavated bank, and a large area of spoil cascading toward the stream.
The works to the land are significant and have resulted in harm to the appearance of the locality, and the contribution that the area makes to the beauty of the Area of Outstanding Natural Beauty.
Given the designation of the area and the special qualities of the visual amenity of the locality, it is reasonable that a temporary stop notice is issued.
Works should stop immediately to ensure that no further harm is caused to the Area of Outstanding Natural Beauty protected area.