Content

Title of Decison Requested: 13989 - Land Lying
to the North of East Hagginton House: Proceed to Enforcement
Notice

Reasons for the decision

1.1. The breach of planning control alleged
that is within the last 10 years Unauthorised change of use from
agriculture to residential and siting a mobile home for residential
use

1.2. 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:

1.3. The site is located in a Countryside location where Local Plan
Policy ST07 (4) states that ‘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’. Paragraph 4.16 of the LDP states that
‘In the countryside, the Local Plan seeks to control
dispersed development, guarding against development in
unsustainable locations. The character of the countryside should be
conserved and enhanced, and new development will not detract from
this’.

1.4. The residential use has been assessed against Policy DM28:
Rural Worker Accommodation and found to be unjustified. The current
agricultural use comprising a small number of sheep, chickens,
goats, and pigs is hobbyist in scale and does not demonstrate an
essential operational need for a full-time on-site worker. No
agricultural appraisal or evidence has been submitted to
demonstrate such a need, nor has the mushroom-growing enterprise
(for which prior approval was previously granted) commenced. The
residential occupation therefore fails to meet the policy test that
such development must be necessary to support the operational
requirements of a rural business.

See attached report for full details

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 breaches.