Decision

Title of Decison Requested: Legal action to ensure compliance with Breach of Condition Notice The Priory 10 Boutport Street Barnstaple EX31 1RJ ref 13226

Reasons for the decision

Decision requested by decision maker: Agreement to prosecute through criminal proceedings for non-compliance with a Breach of Condition Notice issued on 5 December 2024 at The Priory 10 Boutport Street, Barnstaple, EX31 1RJ. Furthermore, following such action, agreement to pursue injunctive action through additional court proceedings to secure compliance should the owner still not comply with the Breach of Condition Notice.

BACKGROUND / REASONS FOR THE DECISION REQUEST
Breach of Condition Notice issued on 5 December 2024 for the breach of two planning conditions, Condition 2 and Condition 3 attached to planning permission ref 60201.

Alternative options considered

HAS THE OWNER ENGAGED WITH NDC IN SEEKING TO REMEDY THE BREACH? The owner has made no effort to comply.

IS THE PROPOSED ACTION REASONABLE AND PROPORTIONATE TO THE BREACH? Yes

HAVE ALL POSSIBLE NON-LEGAL REMEDIES BEEN USED TO TRY AND RESOLVE THE ISSUE? Yes