Decision details

Decision: To take Enforcement action by the issue of an Enforcement Notice in respect of the unauthorised material change of use of an agricultural barn to unlawful residential use.

This decision is taken under delegated powers set out in Paragraph 145 of the Officer Scheme of Delegation in the Council’s constitution, which grants delegated authority to undertake all action in order to regulate any actual, perceived or potential breach of any

of the Town and Country Planning Legislation including:

To determine whether to issue any notice including:

     (i) any requisition for information;

     (ii) any planning contravention notice;

     (iii) any enforcement notice;

     (iv) any breach of condition notice;

     (v) any notice pursuant to section 215 Town and Country Planning Act 1990;

     (vi) any temporary stop notice;

     (vii) any stop notice;

     (viii) any advertisement discontinuance notice; and/or

     (ix) any replacement tree notice;

This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place.

The following matter is identified as an ongoing breach of planning control at the above address:

Without planning permission, the material changes of use of the land and barn from a lawful use for agricultural purposes to use for residential purposes.

The unauthorised material changes of use occurred within the last four years. The site is located in the countryside outside of any defined development boundary. Therefore, the site is in a location where policy SUS2 of the Plan states that development will be strictly controlled, having regard to the need for the protection of the countryside and environmental constraints. In the absence of specific justification under the exceptional criteria set out in policy SUS2 the creation unsustainable location. Due to the site’s remote location policy SUS3 which relates to the conversion of existing buildings does not offer support for conversion of the building to residential use. The dwelling therefore does not represent sustainable development and is also contrary to policy INT1 of the Local Plan.



 In the absence of any evidence in respect of the essential need for a rural worker’s dwelling in this location, which would need to be provided through a planning application, it cannot be concluded that there is an exceptional justification for a dwelling in this location. The development is therefore contrary to policies INT1, SUS2 and SUS3 of the local plan.

The change of use from an agricultural barn to residential purposes leads to a change in the character of the Land through the creation of a residential curtilage and the placing of domestic paraphernalia on the Land which, in this isolated location amongst agricultural buildings is an uncharacteristic feature.

The investigation has not identified any exceptional circumstances to suggest that enforcement action should not be taken in this case, and it is considered to be expedient, and in the public interest, to take enforcement action in order to uphold the integrity of the planning system.

The alternative option of not taking enforcement action is not considered appropriate in this case, for the reasons set out above.

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