Content

Title of Decison Requested: Enforcement Notice
for Alscot Alswear South Molton case ref 13428

Decision requested by decision maker: Approval to issue Enforcement
Notice for Land Associated with Alswear South Molton (also known as
Alscot Alswear South Molton EX36 4LG) (HM Land Registry Title
DN454540)

Reasons for the decision

1.1. Without planning permission, and within
the last 10 years, unauthorised material change of use of the land
to a mixed use of agriculture and storage use for items including
but not only, a dismantled platform and yurt covered in
tarpaulins.

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:

1.4. The site is located in the countryside where the 'Development
Plan'; the Joint North Devon and Torridge Local Plan (NDTLP), and
National Planning Policy Framework (NPPF) seeks to restrict certain
forms of development in the interests of sustainable
development.

1.5. The land is currently being used for the storage of a
dismantled yurt and platform covered in tarps and mounted on
trailers. The use of the land for storage of these items is not
linked to an agricultural use

1.6. Policy ST01: Presumption in Favour of Sustainable Development,
1) When considering development proposals the Councils will take a
positive approach that reflects the presumption in favour of
sustainable development contained in the National Planning Policy
Framework , 2) Planning applications that accord with the policies
in this Local Plan will be approved

1.7. Policies ST07, ST14 of the NDTLP. ST07 states development in
the countryside; ' ... 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'.

1.8. Policy ST14 relates to protecting landscape and biodiversity
interests. In terms of the use which has occurred, this does not
appear to provide for any of the above criteria of ST07 nor does it
conserve landscape character or biodiversity interests given it is
not development which justifies a remote rural location.
1.9. In terms of wider development management policies; the
breaches identified would not represent appropriate development in
terms of design and locational contrary to Policies DM04 and DM08A
of the NDTLP. Its location is remote from any settlement and in
terms of the type of use of the site, it would also not appear to
fall within any of the rural economy criteria outlined in policy
DM14 given the uses do not appear to have strong links to
agriculture.
1.10 The Local Planning Authority considers it is necessary to
remedy the whole breach of planning control by removal of the
dismantled yurt, platform and all other paraphernalia not used in
connection to agriculture. It is also necessary and in the public
interest to take enforcement action since otherwise the use could
become lawful with the passage of time which as stated above is
contrary to long established planning policies seeking to protect
the character of the area. The Local Planning Authority considers
that the unauthorised development and change of use has occurred
within the last 10 years , and that the above reasons for issuing
the Notice cannot be overcome by the use of planning
conditions.

Alternative options considered

There are no other actions the Council can
take to remedy this breach of planning control. The owner has
complied to a degree and dismantled the raised platform structure
and tent but the remnants of this and other items remain stored on
the land. Despite numerous requests these stored items have not
been removed and it is considered without more formal action the
owner will not comply.