107 ENFORCEMENT LIST (00-22-00) PDF 134 KB
To consider the items contained in the Enforcement List.
Minutes:
Consideration was given to a case in the Enforcement List *.
Note: *List previously circulated; copy attached to signed Minutes.
Arising thereon:
a) No. 1 in the Enforcement List (Enforcement Case ENF/16/00269/NUDRU– unauthorised carrying out of engineering operations and excavation works on agricultural land to create a slurry pit – Pulsards Farm, Pennymoor, Tiverton).
The Enforcement Officer outlined the contents of the report informing the meeting that an application had been submitted retrospectively to Devon County Council; she had been informed that this had not been validated to date as some of the information required was missing. There was a need to establish whether this application would be a county matter or whether it would sit with the District Council. However legal advice had been sought which had confirmed that enforcement action could proceed. She outlined the issues at Pulsards Farm where works had been undertaken without permission which had involved the excavation and works for a slurry pit within 400 metres of a protected building. A temporary stop notice had been served following consultation with the Chairman and Vice Chairman of the Committee.
She addressed the issues raised in public question time: the landlord had received a copy of the Stop Notice and would receive any copies of further notices. She requested that Miss Coffin contact her separately with the detail of her other questions and she would provide a written response.
Consideration was given to:
· the continuity of the temporary stop notice and any other notice.
· the work that had taken place as described by the agent and the link between the AD plant at Edgeworthy and the transport statement submitted as part of that application.
· The extent of the works that had taken place without permission.
RESOLVED that the Legal Services Manager be given delegated authority to:
a) Issue a Stop Notice requiring the cessation of all works in connection with the creation of slurry pit or digestate storage facility at the site, and;
b) Issue an enforcement notice requiring the cessation of all works in connection with the creation of a slurry pit or digestate storage facility at the site and reinstate the land to the same contours and levels as the surrounding agricultural fields;
c) Take any legal action deemed appropriate including prosecution or Direct Action in the event of non-compliance with the notices.
(Proposed Cllr P J Heal and seconded by Cllr R L Stanley)
Notes:
(i) Cllr Mrs F J Colthorpe declared a personal interest as the landowner, tenants and others were known to her, she was also Ward Member;
(ii) Cllr Mrs F J Colthorpe and P J Heal made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as they had been involved with the issuing of the Stop Notice;
(iii) Cllr R L Stanley declared a personal interest as he knew some of the objectors and the person undertaking the work;
(iv) Cllrs R J Dolley and B A ... view the full minutes text for item 107