Couple’s “Underground Dwelling” Defiance Ends in Legal Action

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A couple who built an unauthorized “underground dwelling” in the countryside without obtaining planning permission faced legal action for defying multiple council directives.

Garry Braund and Tina Thorne disregarded repeated council warnings concerning their property at Honey Hill, Snapper, and continued to expand their unauthorized construction over a span of nine years. North Devon Council issued a planning enforcement notice in December 2016 after discovering that the land was being used for residential purposes, with caravans, sheds, and a vehicle access point on a blind bend.

The couple admitted to four breaches of failing to comply with the enforcement notice during a hearing at Exeter County Court on Tuesday, March 24.

A council spokesperson highlighted that despite numerous warnings and chances to rectify the situation, Braund and Thorne persisted in breaching regulations over the nine-year period. The unauthorized development escalated during this time, including the growth of residential facilities, additional structures, and the creation of an underground dwelling.

According to Devon Live, the council confirmed that the couple’s actions constituted deliberate and persistent non-compliance. They were handed a 42-day suspended prison sentence, with the condition that they refrain from reoccupying the land or taking steps to reverse the enforcement notice compliance.

Additionally, Braund and Thorne were ordered to pay £8,088 in costs for three recent hearings. The council disclosed that total costs exceeding £30,000 have been incurred, with efforts underway to recover the amount through charging orders against the property. An enforcement notice from 2024 indicated that warrants had been obtained, and the location had been inspected in the past with police escorts.

During a site visit, it was found that the contraveners had constructed a subterranean residential dwelling concealed under branches and camouflage netting to evade detection.

The notice emphasized that the location falls within a countryside area where development is strictly regulated to preserve the natural beauty and sustainability of the surroundings.

Councillor Malcolm Prowse, responsible for regeneration, economic development, and planning, affirmed the importance of adhering to planning regulations to protect the environment for the community’s benefit. He commended the efforts of the officers in bringing the prolonged case to a resolution, underscoring the council’s commitment to enforcing regulations even in complex situations to safeguard communities and uphold the planning system.

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