To consider the items contained in the Enforcement List.
Minutes:
Consideration was given to the following cases in the Enforcement List *:
Note: *List previously circulated; copy attached to the signed Minutes.
Arising thereon:
No. 1 in the Enforcement List (Enforcement case ENF/14/00124/UDRU – Without planning permission, an unauthorised development has commenced on land north of the A38. The development comprises of a change of use of land from a vehicle repair garage on part of the site and land used for lorry parking on the remainder of the land to a mixed use – Land at NGR 308125 115944 north of the A38, Maidendown Stage, Burlescombe).
The Planning Enforcement Officer outlined the contents of the report, stating this had been brought back to Committee with a revised site plan.
Discussion took place with regard to:
· Burlescombe Parish Council discussing the site on several occasions and requesting action to be taken.
· The need for Members to have sight of the previous set of enforcement instructions.
It was RESOLVED that the Legal Services Manager be authorised to take any appropriate legal action including the service of an enforcement notice. In the event of any failure to comply with the notice served, the additional authority to prosecute, take direct action and/or seek a court injunction.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr Mrs L J Holloway)
Note:
Cllr P J Heal declared a Disclosable Pecuniary Interest as the applicant had purchased goods from his business and left the meeting during the discussion thereon.
No. 2 in the Enforcement List (Enforcement case ENF/15/00041/UDUR – Without planning permission, the carrying out of engineering works to raise the ground level at the north eastern boundary and erection of close boarded fence close to the boundary, alleged to be above the 2 metre permitted development height at Clouds, Barnfield, Crediton).
The Planning Enforcement Officer outlined the contents of the report stating that the matter referred to a building site which was at the rear of Clouds backing onto properties in Mount Pleasant, Park Street. The site was on a north facing slope and was formerly an orchard. He referred the Committee to the update sheet which stated that the Council’s Tree Officer had visited the site on 17 April and had concluded the area of the garden in question lay outside of the Conservation Area and the trees within it were not worthy of protection.
He went on to explain that the main issue was to do with a change in soil levels (due to the slope) and the erection of fence at the boundary. An allegation had been made that close board fencing had been erected on a false level of ground. However, in his view the soil build up had not occurred as a result of development and stated that the fence was within the maximum height allowed therefore there was not enough evidence to indicate a breach had taken place.
Discussion took place with regard to:
· A condition in the previously granted application that required a Devon hedge to be installed not what was currently in situ, although it was confirmed that it was the developers intention to install a Devon hedge in time on their side.
· A build up of soil, debris and vegetation under the shutter boards into the complainant’s garden.
· The height of the fence being above the existing post height.
· The Committee having sympathy with the complainant.
· The Planning Enforcement Officer having no means, having surveyed the site, to judge where the natural height of the land was other than at a fixed point inspection cover. Taking measurements from surrounding gardens could be problematic in that they may have been landscaped over the years and there was no datum point to take levels from.
· An inability to judge whether the wire fence was the true boundary.
· Had the site not been developed the soil would not have washed down.
· The ground had not yet been measured from the complainant’s side of the fence.
It was RESOLVED that the matter be deferred to allow the Planning Enforcement Officer to return to the site in question in order to take further measurements, in so far as that was possible, and to negotiate with the developer and the complainant as to the best way forward.
(Proposed by Cllr K D Wilson and seconded by Cllr J M Downes)
Notes:
i. Cllrs: Mrs H Bainbridge, M D Binks, Mrs D L Brandon, Mrs F J Colthorpe, J M Downes, P J Heal, D J Knowles, R F Radford, J D Squire, Mrs M E Squires and R L Stanley made declarations in accordance with the Protocol of Good Practice for Councillors dealing in planning matters as they had received correspondence regarding this application.
ii. Mr Perks (complainant) spoke;
iii. The Ward Member, Cllr J M Downes spoke;
iv. The following late information was reported:
21st April 2015
The Local Authority Tree Officer visited the site on Friday 17th April. The area of garden in question lies outside the Conservation Area and the trees are not worthy of protection by way of a Tree Preservation Order. The change in soil level could lead to rot damage for the trees, but is difficult to predict. The soil should be removed from around the trees and would not involve a lot of soil because of the relatively small root protection areas of the trees.
Supporting documents: