Content

Title of Decison Requested: Enforcement Notice
for 29 Boutport Street Barnstaple EX31 1RP case 13138

Decision requested by decision maker: Approval to issue an
Enforcement Notice for 29 Boutport Street Barnstaple EX31 1RP

Reasons for the decision

1. BACKGROUND / REASONS FOR THE DECISION
REQUEST
1.1. 13 Loverings Court, which is to the north of the site, has a
small rear yard backing on to the site. This property is directly
affected by the rear first floor extension which extends full depth
to the rear boundary instead of stopping short (approx. 3.8m too
deep) and has been constructed not in accordance with the approved
plans.

1.2. The height of this unauthorised extension coupled with its
proximity to abutting properties results in unacceptable amenity
impacts by way of overbearing contrary to the provision of policies
DM01 and DM04 of the Adopted Local Plan. As such the unauthorised
extension element needs to be removed.

1.3. The rear ground elevation is not in accordance with the
approved plans associated to planning permission ref 71123 in that
the rear ground floor bin storage area is much larger than approved
and the ground floor elevation facing this courtyard area are in a
different position (less deep) and had a different fenestration to
the approved plans. Given the unfinished nature of this part of the
scheme it is not considered expedient to pursue this element at
this time. However, if this area were to be used subsequently as a
larger bin store or outside entertaining area further amenity
concerns may arise and will need to be addressed at that time

1.4. The breach of planning control alleged that is within the last
10 years works not in accordance with the approved plans in breach
of Planning Condition 2 attached to planning permission ref 71123
granted on 5 June 2020. Specifically, unauthorised rear extension
at first floor level to a depth extending to 3.8m to the rear
boundary line.

1.5. Condition 2 is as follows:
“2. The development hereby permitted shall be carried out in
accordance with the following approved plans/details:

055/19/001 Location Plan and received on the 05/02/20,
055/19/006A Floor Proposed and received on the 05/02/20,
055/19/007A Elevation Proposed and received on the 28/05/20,
055/19/008A Sections Proposed and received on the 28/05/20,
055/19/009 Sections Proposed and received on the 05/02/20,
055/19/010 Boundary Elevation Proposed and received on the
05/02/20,
Rev 0 Construction Management Plan and received on the
28/05/20,
Southern Air Solutions Emaq Pa Redacted and received on the
05/02/20,
CleanPAK CP4 Extraction Equipment Proposal and received on the
05/02/20,
AQ051706ACC Sound & Noise Report V1 Draft and received on the
18/05/20,
AQ051706 Amended Odor Assessment V1 Final and received on the
22/05/20
('the approved plans')”.

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. The height of this unauthorised extension coupled with its
proximity to abutting properties results in unacceptable amenity
impacts by way of overbearing contrary to the provision of policies
DM01 and DM04 of the Adopted Local Plan. As such the unauthorised
extension element needs to be removed.

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 unless formal action is taken is unlikely to
comply.