Enforcement Updates

Position Statement regarding Fullaford Barn

Planning policy across the country is designed to ensure that developments contribute to and enhance the natural and local environment, while also allowing for certain forms of development to take place.

Planning permission is required to ensure that developments comply with national and local planning policy. It helps to balance the need for development with considerations relating to neighbours, heritage, local communities and the environment. Without the necessary permission, development would be at risk of enforcement action and developers can be required to undo the work they have completed.

On Exmoor, people have been allowed to build houses, barns and other buildings in certain circumstances, such as where there is a demonstrated need for rural workers' accommodation. In those cases, however, planning permission has been sought and approved, the need for the development has been established, and the siting and design is shown to conserve and enhance the landscape.

In this case, no application was made before work began. The developer also failed to engage with attempts made by Exmoor National Park Authority to avoid unauthorised development, and they continued the works, regardless of clear and repeated communication on the breach of planning control.

This led to an Enforcement Notice – which the developer ignored – and no appeal was lodged. A planning application was finally submitted, three years after unauthorised work had already been progressing, and was refused .

Further work continued resulting in a second Enforcement Notice, again this was ignored and no appeal was lodged, and repeated correspondence to remedy the breach of planning control went unanswered.

Under current UK legislation, the potential commission of a criminal offence arises if the requirements of a Notice are not complied with in the time required.  In the absence of any positive engagement by the developer, a claim was lodged to the High Court to seek an injunction to comply with the Enforcement Notices.