Content

Title of Decison Requested: Legal action to
ensure compliance with Enforcement Notice on Land at Bables
Tenement, Burrington, Umberleigh EX37 9JP case ref 12315.

Decision requested by decision maker: Agreement to prosecute
through criminal proceedings for non-compliance with an Enforcement
Notice issued on 10 June 2015 for Land at Bables Tenement,
Burrington, Umberleigh, EX37 9JP to include a claim for the
Council’s costs against the Defendant if successful.
Furthermore, following such action, agreement to pursue injunctive
action through additional court proceedings to secure compliance
should the owner still not comply with the Enforcement Notice and
to include a claim for the Council’s costs against the
individual if successful.

Reasons for the decision

1.1. On 10 June 2015 an Enforcement Notice
(‘the EN’) was issued for the breach that within the
last 10 years a material change of use of the land from motor
vehicle maintenance and repair place to a mixed use of residential
use and motor vehicle maintenance and repair place by the siting
and residential occupation of a mobile home. The EN took effect on
10 July 2015 and gave 6 months for compliance (by 10 January 2016).
The steps on the EN require:
1. Cease the residential use of the Land shown edged red on the
attached Location Plan.
2. Remove the mobile home (whose approximate position is shown
coloured blue on the attached Location Plan) from the Land shown
edged red on the attached Location Plan.
3. Remove all debris and other rubbish resulting from complying
with Step 2 from the Land shown edged red on the attached Location
Plan.

SEE FULL REPORT ATTACHED

Alternative options considered

The action is considered reasonable and
proportionate given the time that has lapsed since the issuing of
the Enforcement Notice.