Content

Decision requested by decision maker:
Agreement to issue Enforcement Notice for Worthy Farm, Tiverton
EX16 8EF.

Reasons for the decision

1.1. The breach of planning control alleged is
that within the last 10 years permanent residential occupation of
the three units of holiday accommodation in breach of Condition 6
attached to planning permission reference 24754. Condition 6 is as
follows:

1.2. “The development hereby approved shall be occupied for
the purposes of holiday accommodation only.
Reason: The proposed building is in the open countryside where the
only acceptable form of development is that which supports the
economic or social needs of the locality. The use of this building
for holiday purposes in in line with Government advice and current
Structure and Local Plan Polices.”
1.3. A Breach of Condition 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. The 3 properties have been used as permanent residential units
in breach of a holiday occupancy restriction attached to the
original permission for the buildings conversion (ref 24754).

1.5. The site is located within the countryside. Policy ST07 of
NDTLP sets out the spatial development strategy for northern
Devon’s rural area and clarifies at part (4) 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.

1.6. Part (3) of Policy DM18 of the NDTLP sets out the policy
requirements relating to the removal of holiday occupancy
restrictions and states:

Applications for the removal of occupancy conditions will only be
permitted where:
(a) it is capable of being occupied permanently without need for
major extension or alteration; and
(b) there is compelling evidence to demonstrate that such a
restriction is no longer justified.

1.7. Paragraph 13.109 of the supporting text to Policy DM18
states:
Proposals for the removal of holiday occupancy restrictions will be
supported when it can be demonstrated to the satisfaction of the
Local Planning Authority that the accommodation is no longer
required to meet the tourism needs of the locality. The Local
Planning Authority will require applications for the removal of
occupancy conditions to demonstrate there is no demand for the
property in the locality. Marketing will be considered to be
appropriate when the property has been presented to the market at a
reasonable price, with appropriate conditions identified and for a
period of at least 12 months prior to the application's
submission.

1.8. The purpose of marketing the properties as holiday
accommodation for a minimum of 12 months is to ascertain whether
there is demand from the market for them as holiday accommodation.
The supporting text does refer to the need to demonstrate there is
no demand for the property in the locality. Separately, it
stipulates that marketing will be considered to be appropriate when
the property has been presented to the market at a reasonable
price, with appropriate conditions identified and for at least 12
months before the application’s submission.

1.9. The LPA has not been provided with any evidence of any
marketing having been carried out or records of bookings for the
holiday accommodation.

1.10. The NPPF seeks to support a prosperous rural economy with
paragraph 88(c) stipulating that decisions should enable
sustainable rural tourism and leisure development which respect the
character of the countryside. This general tenet is supported by
DM18, which stipulates that tourism and leisure attractions form an
important part of northern Devon's economy and tourism offer. Where
concerning tourism accommodation, paragraph 13.107 of the Local
Plan highlights that 'although there has been a decline in bed
space capacity in some resort areas, a continuing long-term trend
for growth in short breaks and special interest activity holidays
has helped to stabilise the sector, and place a strong emphasis on
improving the overall quality of accommodation, including barn
conversions.'

1.11. Critically paragraph 13.109 of the Local Plan states that
proposals for the removal of holiday occupancy restrictions will
only be supported when it can be demonstrated that the
accommodation is no longer required to meet the tourism needs of
the locality.

1.12. The LPA has no evidence regarding a lack of demand for these
types of holiday units in the area and recognises the economic and
tourism benefits these bring to the district.

1.13. The LPA would not currently support the unrestricted
residential use of the buildings in the countryside with limited
economic, social or environmental benefits. The existing use of the
properties as permanent residential units is not compliant with
policies DM18 of the NDTLP and is in clear breach of condition 6 of
permission 24754.

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 complied and will not comply unless formal action is taken. He
advised the Council he would submit an application but no
application has been submitted at the time of drafting this
report.