Content

Title of Decison Requested: Enforcement Notice
for Flitton Farm, North Molton South Molton EX36 3EP case ref
12857

Decision requested by decision maker: Approval to issue Enforcement
Notice for Flitton Farm, South Molton EX36 3EP.

Reasons for the decision

1. BACKGROUND / REASONS FOR THE DECISION
REQUEST
1.1. The site is located within the Countryside wherein policy ST07
of the Local Plan states that 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. This policy is further supported by Policy
DM28 relating to rural workers dwellings and paragraph 84 of the
NPPF. These provide exceptional circumstances for residential
development in the countryside. In this case, no evidence has been
provided justify that these mobile homes would comply with the
requirement of this policy.

1.2. The siting of residential development on this site would
unlikely result in a sustainable form of development and therefore
does not comply with the Local Plan. In the absence of any
demonstrated need for the mobile homes these do not respect the
rural character of this agricultural land and is not acceptable
within this landscape setting. Therefore, in terms of the wider
development management policies, the breach identified would not
represent appropriate development in terms of design and location
contrary to Policies DM04 and DM08A of the North Devon and Torridge
Local Plan.

1.3. It is reasonable that a timeframe of 9 months be given to
cease of occupation of these units, together with their complete
removal and reinstatement of the land to its former undeveloped
state.

1.4. Within the last 10 years the siting of a mobile home as a
permanent dwelling in breach of Condition 03 of planning permission
reference 65624, which states,
“(3) The uses hereby permitted shall be discontinued and the
land restored to its former condition on or before 31 March
2022.
Reason: To enable both the applicant and the Authority to re-assess
the need for an agricultural dwelling in relation to operations on
the farm holding and maintain long term control over development in
the countryside.”

1.5. Within the last 10 years the unauthorised change of use of
land to a mixed use of agriculture and residential use, including
the siting of two additional mobile homes on the land for
residential use.

1.6. 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:

1.7. On the 29 January 2019, the Council granted temporary planning
permission (Ref 65624) for the continued siting of one temporary
agricultural workers dwelling. This was subject to a temporary time
condition, whereby the use had to be discontinued land restored to
its former condition on or before 31 March 2020.

1.8. The mobile home (the temporary agricultural workers dwelling)
remains on the land and is being lived in as a dwelling.
Furthermore, there are two additional mobile homes on the land
being lived in as dwellings.

1.9. The site comprises of approximately 50 hectares. The land is
located in the countryside where the North Devon and Torridge Local
Plan (National Planning Policy Framework (NPPF) seeks to NDTLP) and
restrict certain forms of development in the interests of
sustainable development. The land is currently being used for the
stationing of three mobile homes for residential use.

1.10. The change of use of land is controlled and limited to that
which meets local economic and social needs, rural building reuse
and use that is necessarily restricted to a countryside location in
accordance with Policy ST01: Principles of Sustainable Development
and Policy ST07 (4): Spatial Development Strategy for Northern
Devon’s Rural Area of the North Devon and Torridge Local
Plan.

1.11. The siting and residential use of mobile homes in this
location in the countryside would not be justified under Policy
ST07 of the NDTLP which seeks to restrict new development in the
countryside to that which requires a rural location and provides
for local, social or economic needs. This policy is further
supported by Policy DM28: Rural Workers Accommodation of the NDTLP
or any the exceptions contained in paragraph 84 of the National
Planning Policy Framework. Policy DM28 of the NDTLP provides that
rural workers accommodation would be supported where it was
demonstrated that there is an essential need for the worker to be
resident at the site, and that such accommodation needs could not
be met through the conversion of existing buildings or by
accommodation located in a nearby settlement.

1.12. Policy DM28 of the NDTLP also confirms that where the rural
enterprise is well established and has a clear prospect of
remaining financially viable, support would be given to the
provision of a permanent dwelling and that, where the enterprise is
not well established, consideration of providing temporary
accommodation, initially for three years, would be given. This
reflects the guidance contained with the Council’s Rural
Workers’ Dwelling Supplementary Planning Document (the SPD)
regarding temporary rural dwellings, and which stipulates that the
operational need for a temporary dwelling will need to be
demonstrated on the same basis as a permanent dwelling.

1.13. There has not been an updated business plan, agricultural
appraisal or other evidence to demonstrate the enterprise is
currently financially sound and has a clear prospect of remaining
so. There is a lack of evidence to demonstrate there is an
essential need for residential supervision on site to support the
current stock levels and for the successful running of the holding.
It is therefore not considered there are any exceptional
circumstances that would outweigh the harm from this unsustainable
development.

1.14. There is no updated evidence of a requirement for the sitting
and residential use of the mobile homes on the land insofar as it
does not meet any of the criteria listed under planning policies
ST07 or DM28 of the NDTLP or the guidance contained within the
Council’s Rural workers Dwelling Supplement Planning
Document.

Alternative options considered

3.1. There are no other actions the Council
can take to remedy this breach of planning control. The owner has
not submitted a planning application to regularise the situation
despite being given 9 months to do so. The owner has not complied
and shows no intention of complying in the near future.