Land on the South Side of Shirwell Road, Shirwell, Barnstaple, Devon, EX31 4JH

within the last four years unauthorised operational development consisting of the creation of an access onto a classified road

Authority: North Devon District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: agricultural · Other minor developments
Inspector: Jarratt P

Main issues, as the Inspector framed them

Whether there has been a breach of planning control (ground c)
The effect of the unlawful access on highway safety (ground a)

What decided it

The substandard visibility splay of 8 metres to the west of the access, which is inadequate for the A39 classified road and the speed of traffic, combined with the lack of hard surfacing and inadequate drainage, creates unacceptable highway safety risks that cannot be outweighed by the appellant's mitigation offers.

Framework references: 110, 111

Plan policies cited: DM01, DM05, DM14

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