North Devon Council first served a planning enforcement notice in December 2016 after discovering the land was being used as a residence with caravans, sheds, and a vehicle access point on a blind bend. The couple pleaded guilty to four breaches of failing to comply with an enforcement notice at a hearing at Exeter County Court on Tuesday, March 24. The unauthorized development persisted for approximately nine years, intensifying over time with expansion of residential use, additional structures, and creation of an underground dwelling. North Devon Council described the case as one of persistent and deliberate non-compliance.
A site visit on August 9, 2024, conducted by a regulatory compliance officer with police escorts, confirmed the existence of a subterranean residential dwelling covered by branches and camouflage netting. During the site visit, the owner admitted there were breaches of planning and that they were living there. The site is within the countryside where development is tightly restricted.
The couple was sentenced to 42 days in prison, suspended for 12 months, on condition they do not resume occupation at the land and do not take steps to reverse compliance with the enforcement notice. They were ordered to pay £8,088 in costs for three recent hearings. The council has secured cumulative costs exceeding £30,000, which are being pursued through charging orders against the land.
It remains unclear what specific steps the couple must take to comply with the enforcement notice beyond not resuming occupation, and whether the underground dwelling will be demolished or modified to meet planning regulations. The current living arrangements of Garry Braund and Tina Thorne following the court ruling have not been disclosed.