Exmoor National Park Planning Committee 62/19/10

EXMOOR NATIONAL PARK PLANNING COMMITTEE

Application 62/19/10/001 Grid Ref. 262392 146239 No: Applicant: Mr C Burridge, Mockham Down Bratton Fleming, Barnstaple, Devon Location: Log Cabin, Lower Verwill Farm, Combe Martin, Devon Proposal: Lawful development certificate for an existing use of a log cabin. As per amended plan 10.08.10. (CLEUD) Introduction: This application seeks to establish that a log cabin has been erected and substantially completed for a period of four years prior to the submission of the application. The property is small two storey detached building located at the western flank of a small woodland area and has no direct means of access and no services.

The structure has been constructed from timber and has no foundations but is instead built off timber posts set into the ground a small timber footbridge has been created over the small stream which runs alongside the western flank. The floorspace measures approximately 40 sqm.

There is a small solar panel on the roof and a wood burning stove in the corner of the downstairs. The roof is of timber and has large roof lights.

The applicants have provided sworn statutory declarations together with invoice evidence that seeks to show that, on the balance of probabilities, the established date of substantial completion of the structure was at least four years prior to the date of the application. This information explains that the works took place between 2000 and 2004 and were sustantially completed by the end of 2004. The first time that the National Park Authority became aware of the log cabin was when it was advertised for sale by local estate agents early in 2010. Prospective purchasors requested information as to whether it was a dwelling and this led to an investigation by officers which has resulted in the present application.

Consultee Response: COMBE MARTIN PARISH COUNCIL: has no information to support or refute the the claim NORTH DEVON COUNCIL: No comment received DCC - HIGHWAYS: no objection TREES AND WOODLANDS - ENPA: no objection WILDLIFE CONSERVATION OFFICER - ENPA: no objection KENTISBURY & TRENTISHOE PARISH COUNCIL: recommend refusal on the grounds that due to local and visual knowledge, the structure has not been there for four years and that it was illegally built. Public Response: 2 letters of objection 1 other letter 3 No letters have been received questioning the length of time that the building has existed

62/19/10/00101 February 2011 EXMOOR NATIONAL PARK PLANNING COMMITTEE and also raising concerns at possible future uses.

Most Relevant Development Plan Policies: Not applicable in this case as a CLEUD application.

Observations: This is a Certificate of Existing Lawful Use and Development Application (CLEUD) and therefore it is not a matter of considering the planning merits of the scheme, but it is a legal determination based on the facts to establish whether the stated activity is established and lawful by period of time and therefore beyond the scope of enforcement action. The test of the evidence is “on the balance of probabilities” rather than the stricter criminal test of “beyond reasonable doubt”. In this instance, as a structure has been erected the necessary period of time which must lapse before the development can be considered lawful is 4 years.

A sworn statutory declaration will carry weight and cannot lightly be put aside unless there is compelling contrary evidence.

In this case there have been three statutory declarations submitted in support of the application and the applicant has provided additional invoice evidence for carrying out the roofing works which puts the construction within the statutory period.

The Authority’s Solicitor has been consulted on this application and has advised that in applications like these the applicant’s own evidence does not need to be corroborated by independent evidence to be acceptable, especially where there is no evidence to the contrary or which makes the applicant’s version of events less than probable.

In this instance there have been objections raised from neighbouring properties however the evidence submitted is considered to be vague stating that they “witnessed the construction of the cabin over a six month period, approximately 3 years ago”.

The objectors have been given the opportunity to respond to the invoice evidence submitted and also to provide sworn statements to support their claims that the building was not constructed in the last four years. Officers have spoken with these neighbours. However, no further evidence or sworn statements have been submitted.

The Kentisbury and Trentishoe Parish Council has objected to the proposal as they had received representations from the same neighbours who objected to the application. The objections and evidence put to the Parish Council was the same as that submitted by the neighbours as part of the application. Therefore whilst the comments of the Parish Council are noted and require the application to come before the Committee, no additional evidence has been provided to question the evidence of the applicant.

Based on the evidence submitted, the Authority’s solicitor has advised that whilst there is conflicting evidence and the evidence is finely balanced. The applicant has produced sworn statements and invoice evidence to establish that the building was substantially complete before the last four years. However, in comparison, the objector’s evidence says the building was built approximately three years ago. Therefore on the balance of probabilities the Authority’s solicitor feels that on the basis of the sworn statements and invoice which established the date of substantial completion of the structure, a certificate

62/19/10/00101 February 2011 EXMOOR NATIONAL PARK PLANNING COMMITTEE should be issued.

To conclude on the basis of the evidence submitted that the structure has been substantially completed for a period in excess of 4 years prior to the date of this application the case is proven and as such the structure is lawful.

With regard to the use of this structure the building lies on forestry land and no evidence is available to prove that it has been used for any other purpose than that of ancillary / incidental to the use of the land for forestry or agricultural purposes. As a consequence the certificate can be specifically worded so as to exclude any other uses.

Recommendation: Approve (Retro) subject to the following conditions 1. The applicant has produced sworn statements and invoice evidence to establish that the building was substantially complete during the last four years. Therefore on the balance of probabilities the Authority’s solicitor feels that on the basis of the sworn statements and invoice which established the date of substantial completion of the structure, the structure has been substantially completed for a period in excess of 4 years prior to the date of this application and as such the structure is lawful.

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