Content

Enforcement Notice for Heal Lodge, Kings
Nympton EX37 9TB
Decision requested by decision maker: Approval to serve Enforcement
Notice to remedy the alleged breach of planning control.

Reasons for the decision

Approval to serve Enforcement Notice to remedy
the alleged breach of planning control. The breach of planning
contorl alleged is that without Planning Permission, within the
last 4 years, unauthorised operational development consisting of
the following works:
• The construction of a building (gazebo)
Also, without Planning Permission, and within the last 10 years,
unauthorised material change of use of the land to a mixed use of
storage (Use Class B8) and residential use (Use Class C3) including
the siting of containers for storage purposes and the siting of a
mobile home for residential use.

BACKGROUND / REASONS FOR THE DECISION REQUEST
1.1. An Enforcement Notice should be issued to remedy the alleged
breaches of planning control. The Council considers it expedient to
issue this Notice for the following reasons:

1.2. The site is located within a countryside location, outside of
any defined settlement, where open market residential uses are not
supported. The proposed development would be located on a site
remote from the essential facilities and services that are needed
to support a residential use, with the result that the occupiers of
the site would likely need to use private motor vehicles to access
these essential facilities and services, which is contrary to the
sustainability aims of national and local planning policy. The
proposal is therefore contrary to policies ST07(4), KGN, ST10(3)(a)
and ST01 of the North Devon and Torridge adopted Local Plan 2011-
2031.

1.3. The proposed development would have an unacceptable,
urbanising impact on the character and appearance of this part of
the undeveloped countryside and would fail to respond positively to
the context of the site. The proposal is therefore contrary to
policies ST04, DM04 and DM08A of the North Devon and Torridge
adopted Local Plan 2011-2031.
1.4. The harm set out above at 1 and 2 would not be outweighed by
the personal circumstances of the applicants such that a departure
from the development plan is justified.

6. BACKGROUND PAPERS
6.1. The enforcement case was opened on 26 October 2020 due to a
complaint received alleging that two weeks prior, there had been
partial removal of a roadside hedge and a new access had been
created (around 12 October 2020). The complaint alleged diggers
were in the field in preparation for the siting of a mobile
home.

6.2. On 3 November 2020 a site visit was completed and photos taken
of the site. The hedge removal and new access was found. The laying
of a hardstanding was also seen.

6.3. An email was sent to DCC Highways on 9 November 2020
requesting their observations on the new access. An email was also
sent to the Planning Officer requesting advice on next steps.
Highways comments were received on 17 November 2020, in summary
they advised that the access with amendments may be considered
acceptable.
6.4. An email was received by the owner’s agent on 21
November 2020 advising that a mobile home had been placed on the
land and that a retrospective planning application would be
submitted to regularise this. This email stated,
“They do realise this represents unauthorised development but
had to act very quickly in order not to lose their sale, which they
couldn't afford to do. They wish to reassure the LPA that they
fully recognise that if their application is unsuccessful (and if
any appeal they may make is dismissed) then they will have to
vacate the land, which they will do should the need arise as soon
as they can find alternative accommodation.”
6.5. The Enforcement Officer chased this proposed planning
application on 31 December 2020 as no application had been
submitted. On 11 January 2021 the agent acknowledged the email and
stated they would submit the application as soon as possible. A
planning application was finally received on 31 March 2021 and
validated on 8 April 2020 (ref 73164). This application was refused
planning permission on 23 November 2021.

6.6. A second planning application was submitted on 4 January 2022
(ref 74608). This application was withdrawn on 16 March 2022.

6.7. A third planning application was submitted on 8 April 2022
(ref 75140). This application was withdrawn on 12 July 2022.

6.8. Unfortunately, due to staffing issues no further action was
taken until the current Planning Enforcement Officer came to post
at the end of 2023. The Planning Officer set out the current
position to the Planning Enforcement Officer in an email on 11
December 2023, “I dealt with applications 75140 and 75140. We
need to serve an enforcement notice. Having looked at the documents
it looks as though Phil originally drafted one.

The planning history for the site’s as follows:
73164 – Erection of a single storey dwelling Erection of a
single storey dwelling - Refused 23 November 2021
74608 – Erection of a single storey dwelling –
Withdrawn 16 March 2022
75140 – Erection of a temporary dwelling on the basis of a
personal permission for the benefit of the applicants - Withdrawn
12 July 2022

6.9. Hardcore had been laid as at 03 November 2020, but at this
time no mobile home was in evidence. On 01 December 2020 the
complainant e-mailed to say there was a mobile home on the
land.

6.10. Whilst a human factor…can…and sometimes should,
be given direct effect as an exceptional special circumstance in
this instance it is considered that the personal circumstances of
the applicant’s should not outweigh the development
plan.”

6.11. On 2 January 2024 a letter was sent to the owner requesting a
site meeting. That site meeting took place on 17 January 2024 with
the owner and their agent. Photos of the site were taken during
that meeting. During the site meeting it was found:

Mobile home on site used for residential purposes;
Creation of a new access and associated works and laying of
hardstanding;
Construction of domestic gazebo;
Siting of lorry container for storage purposes;
Construction of building for storage purposes;
Open storage of items, including bricks, tiles, crates, horse
box.

6.12. A fourth planning application (ref 78493) was submitted on 19
March 2024. This application was refused on 5 August 2024. It
should be noted that on the application form the agent states the
date the development or use commenced on 20 November 2020 (we
presume this to be the residential use of the mobile home as the
hardstanding was evident at a site visit on 3 November 2020).

6.13. On 6 September 2024 an email was sent to the owner’s
agent and a letter was sent to the owner stating the Council were
now serving an Enforcement Notice for the ongoing breaches of
planning control. It stated the Council requires:
1. Removal of the mobile home and cessation of the residential use
of the land and removal of all domestic items from the land;
2. Removal of the containers along eastern boundary and cessation
of the storage use of the land including removal of various
materials, slates, bricks, crates, horsebox/trailer and so
on.
4. Removal of the domestic gazebo near eastern boundary;

No response was received to this.

Alternative options considered

The owner of the site, via their agent, have
submitted retrospective planning applications which have not been
successful. The latest retrospective planning application (ref
78493) was refused on 5 August 2024. This application was part a
part retrospective application for the formation of access to land
and erection of a dwelling. Following this refusal the owners were
advised that the Council now intended to issue an Enforcement
Notice. No further response has been received from them.