Couple Handed Suspended Sentences for Persistent Planning Breaches
A couple who constructed and lived in an unauthorised underground dwelling in the North Devon countryside for years have been sentenced after repeatedly ignoring council enforcement notices. Garry Braund and Tina Thorne faced Exeter County Court where they pleaded guilty to four breaches of failing to comply with a planning enforcement order.
Nine Years of Defiance and Expansion
North Devon Council first issued an enforcement notice in December 2016 after discovering the land at Honey Hill, Snapper, was being used as a residence with caravans, sheds, and unauthorised vehicle access on a dangerous blind bend. Despite this initial intervention and subsequent warnings, the couple continued their unauthorised development over approximately nine years.
The council spokesperson stated: "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."
Deliberate Concealment and Court Action
During a site visit in August 2024, council officers accompanied by police escorts confirmed the couple were residing in a subterranean structure deliberately concealed with branches and camouflage netting. The owners admitted during the visit that they were living there in breach of planning regulations.
The enforcement notice documented: "This is considered that the works intended to be deliberately concealed to avoid detection. 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."
Sentencing and Financial Penalties
Braund and Thorne were sentenced to 42 days in prison, suspended for 12 months, on condition they do not resume occupation at the land and take no further steps to reverse compliance with the enforcement notice. They were also ordered to pay £8,088 in costs for three recent hearings.
The council confirmed it has secured cumulative costs exceeding £30,000, which are being pursued through charging orders against the land.
Council Commitment to Planning Enforcement
Councillor Malcolm Prowse, the authority's lead member for regeneration, economic development and planning, emphasized the importance of planning regulations: "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."
He added: "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."
