Purpose

Officer decision

Content

Serve a notice under s215 of the Town &
Country Planning Act 1990 to require works to improve the visual
appearance of the land at 60 Lower Cross Road, Bickington,
Barnstaple EX31 2PJ.

Reasons for the decision

1.1. The condition of the land significantly
adversely affects the amenity of the neighbours and locality
1.2. The proposed requirements of the s215 Notice (the Notice) do
not exceed what is necessary for preventing the condition of the
building from adversely affecting the amenity of any part of the
area. Further, the proposed requirements will remedy the harm
currently being caused by the condition of the building. The
proposed requirements are set out in section 6.10 below.

6.1. Council tax records show that the property has been unoccupied
since the owner passed away in 2016
6.2. Following non-compliance with the requirements of the s215
notice issued on 28 August 2025 relating to the appearance of the
building and front garden, we have undertaken the required works in
default. We are now in the process of recovering our costs
6.3. Further to this action we have received additional complaints
about the condition of the rear garden and motor vehicle on the
driveway
6.4. During the works in default I accessed the rear garden and was
able to assess its condition.
6.5. The rear garden is completely overgrown. Dense vegetation
prevents unrestricted access. The vegetation has entered the
greenhouse, which now appears in damaged and in disrepair, with
broken glass on the ground.
6.6. The condition and appearance of the rear garden significantly
adversely affects the amenity of the occupants of neighbouring
properties
6.7. The vehicle parked on the driveway is a red Hyundai
registration number WF12 OGS. The vehicle has flat tyres and has
moss growing on it. It has the appearance of abandonment and
adversely affects the amenity of the locality
6.8. I searched the DVLA online vehicle check and established that
it is untaxed. The tax was due on 1 April 2017 and the MOT expired
on 31 March 2017
6.9. I believe that it is proportionate to issue a notice requiring
improvements to the condition and appearance of the rear garden and
removal of the abandoned vehicle for the driveway to improve the
visual amenity of the neighbours and the locality
6.10. The works required are as follows:

1. Remove the abandoned red Hyundai motor vehicle, registration
number WF12 OGS from the land
2. Clear the overgrown vegetation in the rear garden to ground
level
3. Remove the damaged greenhouse from the land
4. Remove all debris and rubbish from the land and dispose of it in
a responsible manner.

Alternative options considered

3.1. The owner of the land has passed away.
His executor has responded to attempts to engage and negotiate a
resolution to secure improvements in the appearance of the
land.