To consider the items contained in the Enforcement List.
Minutes:
Consideration was given to the cases in the Enforcement List *.
Note: *List previously circulated; copy attached to signed Minutes.
Arising thereon:
(i) No. 1 in the Enforcement List (Enforcement Case ENF/15/00075/BRE – failure to comply with Condition 1 and Condition 4 on appeal decision in relation to Planning Application 10/00160/FULL – Willtown Mobile Home, Clayhidon).
The Enforcement Officer outlined the contents of the report highlighting the history of the site and the fact that an application granted at appeal had added a personal condition naming the applicant. Following the death of the original applicant, enforcement was now proposed. The issue of a Breach of Condition Enforcement Notice was proposed which would allow the widow to appeal any decision.
Consideration was given to personal circumstances of the widow and her previous work on the land.
RESOLVED that the Legal Services Manager be authorised to take any appropriate legal action including the service of a Notice or Notices, seeking compliance with a residency condition imposed at appeal following the refusal to grant planning permission by the Local Planning Authority, in respect of planning reference 10/00160/FULL. In addition, in the event of a failure to comply with any Notice issued authority to prosecute, take direct action and/or authority to seek a court injunction.
(Proposed by Cllr P J Heal and seconded by Cllr B A Moore)
Note: Mr Brown (Agent) spoke.
(ii) No. 2 in the Enforcement List (Enforcement Case ENF/16/00064/UCU – Unauthorised material change of use of land from agriculture to a mixed use of agriculture and use for the siting of a caravan for human habitation – Green Acres, Coldridge, Crediton).
The Enforcement Officer outlined the contents of the report explaining the history of the site and that permitted development allowed a mobile home to be placed on site for the purpose of carrying out the development of the shed, this would have to be removed once the structure was complete. He outlined the works that had taken place to date and how slow the process was; he felt that the erection of the shed was now a secondary matter and therefore proposed enforcement action seeking the cessation of the land for human habitation.
Consideration was given to:
· Recent bad weather
· Whether the landowner owned another dwelling
· The period of compliance
RESOLVED that the Legal Services Manager be authorised to take any appropriate enforcement action including the service of a Notice or Notices seeking the cessation of the use of the land for human habitation, the removal of any caravans and any associated containers used in connection with the human habitation of the land and the restoration of the land to agricultural use. In addition, in the event of a failure to comply with any Notice issued authority to prosecute, take direct action and/or authority to seek a court injunction.
(Proposed by Cllr R L Stanley and seconded by Cllr B A Moore)
Note: Mr Claye (Landowner) spoke.
(iii) No. 3 in the Enforcement List (Enforcement Case ENF/16/00075/UNLD – failure to properly maintain land at Corner House. Wall has collapsed and is now adversely affecting the amenity of the area - Corner Close, Morchard Bishop).
The Enforcement Officer outlined the contents of the report highlighting the development at Corner Close and the fact that part of the wall had collapsed. Initial enquires had suggested that the wall was the responsibility of the Management Committee requested as a requirement of one of the conditions on the original approval. Investigations had suggested that the Management Committee had never been successfully formed and therefore the responsibility fell back on to the developer.
Consideration was given to other possible enforcement issues on the site.
RESOLVED that:
(a) The Legal Services Manager be authorised to take any appropriate legal action including the service of a Notice or Notices, seeking the repair of the boundary wall at Corner Close. In addition in the event of a failure to comply with any Notice served, authorisation for prosecution, direct action and/or authority to seek a court injunction.
(b) The steps required be amended to read “Rebuild the breach in the wall, using stone which has remained on site, matching in height and width and all other aspects with the undamaged wall on either side of the breach.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr J D Squire)
Notes:
(i) Cllr P J Heal declared a personal interest as the developer was known to him and he had a relation who lived on the site;
(ii) Cllr J D Squire declared a personal interest as his daughter in law was a member of the Parish Council;
(iii) Cllr Mrs J B Binks spoke as Ward Member.
Supporting documents: