Content

Title of Decison Requested: 13972 - 13 The
Grange, Braunton, Devon EX33 2HH

Decision requested by decision maker: Agreement to issue Breach of
Condition Notice for 13 The Grange, Braunton, Devon EX33 2HH

Reasons for the decision

1.1. The development has not been carried out
in accordance with the approved plans.

1.2. The agreed scheme has not been wholly completed to adoptable
standard following occupation. A new fence has been installed but
is not compliant with the approved plans under 22105_L2e
application 76786 and condition 4: Prior to the first occupation of
the dwellinghouse hereby approved, the frontage of the site to the
south shall be set back as detailed in the approved site plan
reference 22105_L2e and the land in front of this new boundary
shall be cleared of any obstruction to visibility and the level
reduced to 600 mm above the carriageway level, and shall be
retained as such.

1.3. This condition was imposed to provide adequate visibility from
and of emerging vehicles and to allow for the future improvement of
the road in accordance with Policy DM05 of the North Devon and
Torridge Local Plan.

1.4. It is therefore expedient to proceed to issue the BCN on the
basis of the following. The relevant planning permission to which
this Notice relates is the planning permission reference ref 76786
granted by the Council on 3 August 2023.

1.5. The requirements of this condition have not been met as the
frontage of the site has not been setback in accordance with the
approved plans.

1.6. The requirements of this notice will be to.
1. Set the frontage of the site to the south back, so that it
complies with the approved site plan reference 22105_L2e.

2. Clear the land in front of this new boundary of any obstruction
to visibility to 600 mm above the carriageway level and thereafter
retain.

3. Comply with Condition 4 attached to planning permission ref
76786.

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 willingly complied with requests to remedy the breach which is
why a formal Notice is required now.