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:
a) No. 1 in the Enforcement List (Enforcement Case ENF/15/00100/UCU – Unauthorised material change of use of land from agriculture to a mixed use comprising agriculture and use as a caravan site for human habitation – land and buildings at NGR 306655 224226 (Kerrells), Burlescombe).
The Enforcement Officer outlined the contents of the report providing Members with photographs from the site and stating that the landowner had applied for a certificate of lawful use which had been refused and appealed. Consideration was given to the period for compliance which would allow those in residence to seek alternative accommodation.
RESOLVED that the Legal Services Manager be given delegated authority to issue a change of use enforcement notice, requiring the cessation of use as a caravan site and the removal of 2 x caravans from the land, together with all domestic paraphernalia associated with the use of the land as a caravan site. In addition, that legal action deemed appropriate be taken including prosecution or Direct Action in the event of non-compliance with the notice.
(Proposed Cllr P J Heal and seconded by Cllr J D Squire)
b) No. 2 in the Enforcement List (Enforcement Case ENF/13/00036/UDUR – unauthorised removal of timber windows and replacement with uPVC windows in a Grade II listed building – 5 Ways Lane, Cullompton).
The Enforcement Officer outlined the contents of the report stating that this issue had previously been discussed in November 2013, at that time, the issue had been deferred to allow the property owner to submit an application, an application was submitted but not implemented and had now lapsed. The previous authority did not cover this and therefore permission was now sought to issue a listed building enforcement notice.
RESOLVED that the Legal Services Manager be given delegated authority to issue a listed building enforcement notice, requiring the removal of the two uPVC windows on the elevation, and the replacement with wooden windows to a specification provided by the Local Planning Authority. In addition that legal action deemed appropriate be taken to include prosecution or direct action in the event of non-compliance with the notice.
(Proposed by the Chairman)
c) No. 3 in the Enforcement List (Enforcement Case ENF/15/00042/UNLD – the condition of the land has been allowed to deteriorate causing adverse effect on the visual amenity of the area – Land at NGR 295600 102934, Fore Street, Silverton).
The Enforcement Officer outlined the contents of the report stating that she had been working with the landowner and local residents to rectify the situation, which had been successful. Most of the works that would be required had been completed. The appearance of the site would be monitored.
It was therefore
RESOLVED that no further action take place at the present time.
(Proposed by the Chairman
Note: Cllr Mrs J Roach (Ward Member) stated that she was satisfied that no further action be taken and praised the work of the Enforcement Officer.
d) No. 4 in the Enforcement List (Enforcement Case ENF/11/0034/UCU – Unauthorised material change of use of the land from use as a Care Home (Use Class C2) to a mixed use comprising Care Home and use as a caravan site – Langford Park Ltd, Langford Road, Langford, Newton St Cyres).
The Enforcement Officer outlined the contents of the report stating that the matter had been discussed by the Committee in February 2016, when authorisation had been granted for the issue of an enforcement notice requiring the removal of the four caravans. A recent review of the site had highlighted the fact that structures and domestic paraphernalia had not been included in the original report and therefore required additional authorisation.
RESOLVED that the Legal Services Manager be given delegated authority to take any appropriate legal action, including the issuing of a change of use enforcement notice, requiring the cessation of the use of the land as a caravan site and for the removal from the land of x 4 caravans, shed(s), decking/veranda, roads and domestic paraphernalia associated with the use of the land as a caravan site.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr P J Heal)
e) No. 5 in the Enforcement List (Enforcement Case ENF/16/0132/LIS – without listed building content the execution of works for the alteration and extension of the listed building namely the erection of a single storey extension and alterations to the exterior of the building – Curtilage listed barn at NGR 278425 103453 (Barn Orchard) adjacent to Higher Furzeland, Furzeland Lane, Copplestone).
The Enforcement Officer outlined the contents of the report stating that in February 2015 Planning permission and listed building consent had been granted for the conversion of the former threshing barn to a dwelling and the erection of a replacement extension. He outlined the works that had taken place informing the meeting that non of the conditions had been discharged, his attention had also been drawn to the fact that the extension had been erected on one side of the former threshing barn which was not the one shown on the approved plans.
Consideration was given to:
· the unauthorised works and whether an extension of time would allow for the works to comply with the original permission.
· The issue of the bats
RESOLVED to grant authority for the issuing of a Listed Building Enforcement Notice to remove the unauthorised extension from the cob barn, including the wall plate and the means by which it was attached to the barn and in the event of failure to comply with any notice served, to authorise prosecution, or direct action.
(Proposed Cllr P J Heal and seconded by Cllr Mrs C A Collis)
Note: Mr Hotton, landowner spoke.
Supporting documents: