Content

Title of Decison Requested: Enforcement Notice
report Arkadia Farm Bratton Fleming EX31 4TL ref 13253

Reasons for the decision

Decision requested by decision maker:
Agreement to issue Enforcement Notice for Arkadia Farm, Bratton
Fleming, Barnstaple, EX31 4TL ref 13253

1. BACKGROUND / REASONS FOR THE DECISION REQUEST
1.1. The breach of planning control alleged that is within the last
4 years unauthorised construction of buildings on the land for
agricultural and domestic purposes and;

1.2. The breach of planning control alleged that is within the last
10 years an unauthorised material change of use of land to mixed
storage, agricultural and residential use consisting of storage of
a shipping container for storage purposes and the siting, storage
and residential use of a mobile home with linked container
extension.

1.3. An Enforcement Notice should be issued to remedy the alleged
breach of planning control. The Council considers it expedient to
issue this Notice for the following reasons:

1.4. There is no justification in terms of functional need or
financial viability for the siting and residential occupation of
the mobile home with linked container extension in the countryside
in a location where the Local Planning Authority would normally
only permit development which is necessary in the interests of
agriculture, horticulture or forestry or as otherwise provided for
by paragraph 84 of the Framework. In addition, the LPA does not
consider that sufficient evidence of alternative accommodation
solutions have been explored. There is insufficient justification
for the agricultural buildings/field shelters and shipping
container for storage use. The unauthorised development is
therefore contrary to Policies ST07(4), DM28 and DM14 of the North
Devon and Torridge Local Plan as well as guidance in Paragraph 84
of the National Planning Policy Framework.

1.5. In the absence of any demonstrated need for the mobile home
and linked container extension, separate shipping container for
storage purposes and operational development comprising of
agricultural buildings the siting does not respect the rural
character of this agricultural land and is not acceptable within
this landscape setting. The breach identified would not represent
appropriate development in terms of design and location and is
therefore contrary to Policies DM04, DM08A and ST01 ST14 of the
North Devon and Torridge Local Plan.

Alternative options considered

3.1. The owner’s agent has been advised
that the Council are issuing an Enforcement Notice for the ongoing
breach and there is a right of appeal against any Notice the
Council issues. Despite promises of a valid planning application to
regularise matters at the site, no valid application has been
forthcoming