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Title of Decison Requested: Enforcement Notice
for Lower Watertown Chittlehamholt Umberleigh EX37 9HF case ref
13823

Decision requested by decision maker: Approval to issue Enforcement
Notice for Lower Watertown Chittlehamholt Umberleigh EX37 9HF case
ref 13823

Reasons for the decision

1.1. The breach of planning control alleged
that is within the last 4 years unauthorised development consisting
of:
1. Hardcore laid at east access and used to form a track running
west and parallel to the boundary hedge shown edged blue on the
attached plan;
2. Engineering operations and earthworks consisting of the
formation of small low earth bund on the outer edge of the track
(southern edge) approx. 1m in height shown edged green on the
attached plan;

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 unauthorised development of the site including the
creation of a new hardened access track, hardstanding and bund do
not benefit from a social or economic justification as required by
policy ST07(4) (Spatial Development strategy for Northern
Devon’s Rural Area) for development in the countryside. The
works are inappropriate in terms of their scale and design having a
detrimental visual impact on the character and appearance of the
countryside, contrary to policies DM08A (Landscape and Seascape
Character) and DM04 (Design) and also have potential to adversely
affect local biodiversity contrary to Policy DM08 (Biodiversity and
Geodiversity).

Alternative options considered

3.1. The owner has co-operated to a degree
because an application was submitted which in part sought to
regularise the works on site. This application was refused, and no
appeal was submitted. The owner has showed no intention (by email
or by carrying out remedial works on the ground) of their to comply
meanwhile the breaches of planning control remain outstanding on
site.