Content

Title of Decison Requested: Enforcement Notice
for Greendown Farm Chittlehampton EX37 9QR case ref 13610

Decision requested by decision maker: Approval of Enforcement
Notice for Greendown Farm Chittlehampton EX37 9QR case ref
13610

Reasons for the decision

1.1. The breach of planning control alleged is
that within the last 10 years there has been the unauthorised
material change of use to a mixed use comprising of agriculture,
concrete and utilities businesses including grab lorry hire, waste
removal, tipping and aggerate delivery as well as the change of use
of barn to an office in association with the aforementioned
businesses.

1.2. Without planning permission, within the last 4 years
operational development consisting of the construction of 4 open
storage bays and extension to an existing hardstanding.

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. The appellant’s collective businesses are evidently
intertwined and not clearly severable (as quoted by the Appeal
Inspector in dismissed appeal) and therefore The JT concrete
business (including volumetric concrete and screed mixing) and JT
Utilities business (providing a UK wide range of standard works
from groundworks, reinstatement, trenching, cable laying, civil
engineering and utilities) grab lorry hire, waste removal, tipping
and aggerate delivery and associated development do not require a
countryside location and are unconnected with any agricultural
operations on the holding in which it is located and does not
appear to be supporting a farmer in the agricultural section where
a diversification scheme is genuinely needed to ensure the ongoing
viability of the farm. It is also remote from any town, village or
other settlement and highly dependent on Heavy Goods Vehicles. No
evidence has been provided to demonstrate that other sites within
the Sub-regional centre of Barnstaple, the Strategic Centre of
Bideford, or main centres of Braunton and Wrafton, Ilfracombe,
South Molton, Great Torrington, Holsworthy, Northam (inc Appledore
and Westward Ho!), Exeter, Minehead or Tiverton are not available.
The scale of the proposal is not considered to be justified by the
operational needs of the enterprise and for these reasons, the
development is not supported by Policy DM15 (a) and consequently it
is contrary to Policy ST07 of the North Devon and Torridge Local
Plan and guidance in the National Planning Policy Framework.

1.5. The site area is more than 0.1 hectares and the footprint of
the building exceeds 250 square metres therefore exceeding the
definition of new small scale economic development and is therefore
contrary to Policy DM14 of the North Devon and Torridge Local Plan
and consequently it is contrary to Policy ST07 of the North Devon
and Torridge Local Plan and guidance in the National Planning
Policy Framework.

1.6. The county road providing access to the site is, by reason of
its inadequate width and horizontal alignment, unsuitable to
accommodate the increase in traffic likely to be generated, with
consequent risk of additional danger to all users of that road, and
interference with the free flow of traffic. In the absence of any
compelling evidence to the contrary the LPA cannot be certain that
any residual cumulative impacts on the highway network are not
severed. The development has a harmful effect on highway safety
therefore contrary to Policy DM05 (1) and DM15 (e) of the joint
North Devon and Torridge Local Plan 2011-2031 and Paragraphs 114
(b) and 115 of the National Planning Policy Framework (December
2023).

1.7. By reason of lack of a Noise Impact Assessment, the Local
Planning Authority considers that the use and development fails to
demonstrate that there is no significant adverse impact on the
residential amenity of nearby properties by way of noise pollution.
The development has a harmful effect on the living conditions of
nearby occupants with particular regard to noise and is therefore
contrary to Policies DM01, DM02 (c) and DM15 (d) of the North Devon
and Torridge Local Plan.

Alternative options considered

3.1. There are no other actions the Council
can take to remedy this breach of planning control. The owner
submitted an application which was refused and then dismissed on
appeal. The owner has not complied and shows no intention of
complying in the near future.