Content

Title of Decison Requested: Enforcement Notice
for Land and buildings on the west side of Brynsworthy Lane
Fremington, Barnstaple case 11386

Decision requested by decision maker: Approval to issue Enforcement
Notice for Land and buildings on the west side of Brynsworthy Lane
Fremington, Barnstaple (HM Land Registry Title No. DN438035)

Reasons for the decision

1.1. The breach of planning control introduces
a B8 use to the site which is located in the open countryside
whereby Policy ST07 restricts development to that which meets local
social/economic needs, reuses existing buildings and necessarily
requires a rural location.

1.2. The use previously operated from the adjacent site on the
northern side of the A39 which was both an allocated site for
economic development and within the development boundary (Policy
BAR10). It also hosted safe and suitable access on to the highway
network via OId Bideford Road. In 2023 the use moved to the current
site which, whilst close to the settlement, it is not considered to
necessarily need a rural location and could have continued to
operate from the former site. As such it is considered conflict
with Policy ST07 of the NDTLP.

1.3. Furthermore, Policy DM14 of the NDTLP is supportive of
small-scale rural enterprises adjacent to development boundaries
with strong functional links to agriculture on the basis of there
being no negative impacts on neighbouring amenity, highway safety
or landscape setting. Whilst no amenity impacts are identified
there are negative highway and landscape impacts.

1.4. The use is likely to result in an increase in the volume of
traffic turning right into ‘Brynsworthy Lane’ from the
Class I County Road, the A39, at a point where the carriageway is
of inadequate width, with consequent risk of additional danger to
all users of the road and interference with the free flow of
traffic, contrary to Policy DM05 (1) of the joint North Devon and
Torridge Local Plan 2011 - 2031 and Paragraphs 115 (b) and 116 of
the National Planning Policy Framework.

1.5. Furthermore, the appearance of the site detracts from the
character and appearance of the area from a significant change in
appearance from agricultural land flanked by mature trees subject
of a Tree Preservation Order, to a collection of large pieces of
machinery and vehicles more akin with the appearance of an
industrial estate. As such, this is considered to run contrary to
Policies DM14 and ST08A of the North Devon and Torridge Local Plan
and paragraph 187 of the National Planning Policy
Framework

Alternative options considered

There are no other actions the Council can
take to remedy this breach of planning control. The owner has been
given a lengthy period to remove the items and cease the use but no
compliance has been achieved and no application submitted to
regularise the situation.