They’ve now been handed suspended prison sentences
Signage warning of the ‘blind bend’ at Honey Hill
A couple who created an “underground dwelling” in the North Devon countryside without council permission have been handed suspended prison sentences.
Garry Braund and Tina Thorne repeatedly failed to act on council warnings about land at Honey Hill, Snapper, instead expanding on their unauthorised set-up over a nine-year period.
North Devon Council said the pair were initially served a planning enforcement notice in December 2016 when it discovered the land “was being used as a residence with caravans and sheds, and vehicle access had been constructed which entered the road on a blind bend”.
A spokesperson said: “Despite repeated warnings, opportunities to comply, and previous court involvement, the breaches persisted for approximately nine years.
“Over that time the unauthorised development intensified, including the expansion of residential use, additional structures, and the creation of an underground dwelling.”
The pair pleaded guilty to four breaches of failing to comply with an enforcement notice at a hearing at Exeter County Court on Tuesday, March 24.
In a statement yesterday (April 16), the council said it was found that Braund and Thorne’s actions amounted to persistent and deliberate non-compliance.
They were sentenced to 42 days in prison, suspended for 12 months, on the condition that they do not resume occupation at the land and do not take further steps to reverse compliance with the enforcement notice.
They were also ordered to pay £8,088 in costs for three recent hearings.
In total, the council said it has secured cumulative costs of more than £30,000, which are now being pursued through charging orders against the land.
A 2024 enforcement notice for the location on the council’s website noted that warrants had been secured and the site had previously been visited along with police escorts.
The notice stated: “On 9 August 2024 a site visit conducted by regulatory compliance officer and police escorts to ascertain compliance with existing enforcement notice and investigate any further breaches of non-compliance.
“The site visit confirmed engineering operations, earthworks and operational development consisting the formation of a structure of a subterranean residential dwelling which the contraveners are residing in. During the site visit owner confirmed ‘there are breaches of planning and yes, were are living here.'”The dwelling is covered by branches and camouflage netting. This is considered that the works intended to be deliberately concealed to avoid detection.”
Referencing the location, the notice added: “The site is within the countryside where development is strictly controlled in the interest of protecting the intrinsic beauty and character of the area and on the grounds of sustainability.”
Councillor Malcolm Prowse, the authority’s lead member for regeneration, economic development and planning, said yesterday: “Planning regulations are in place to ensure our natural environment is protected for the benefit of all our residents, and this court action demonstrates our commitment to upholding them.
“I would like to thank the officers who have spent so much time ensuring this protracted case has reached its necessary conclusion. It shows we will persist in taking enforcement action, even where cases are complex or involve difficult parties, to protect our communities and uphold the planning system.”