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/16/00147/UDRU – untidy land caused by the unauthorised storage of unroadworthy vehicles container, trailer, tyres and various other discarded items – land at NGR 302809 109606 – Willand Road, Cullompton).
The Enforcement Officer outlined the contents of the report stating that the car sales unit had recently been leased to a new operator who had confirmed that the car valeting building and the area surrounding it was completely separate from his business. Members were shown photographs of the area around the car valeting yard which highlighted the items of unsightly appearance.
RESOLVED that the Legal Services Manager be given delegated authority to take any appropriate legal action including the service of a notice or notices seeking the improvement of the appearance of the land. In addition, in the event of the failure to comply with any notice served, to authorise prosecution, direct action and/or authority to seek a court injunction.
(Proposed by Cllr R L Stanley and seconded by Cllr R J Dolley).
Note: The Chairman read a statement from Willand Parish Council who were in support of the enforcement action.
b) No. 2 in the Enforcement List (Enforcement Case ENF/16/00180/NUDRU – without planning permission, within the last four years the carrying out of engineering operations on the land with the use of heavy machinery and plant including the excavation and reprofiling of land, land drainage works including formation of 3 drainage ponds and the erection of a blockwork building – Higher Barn, Bampton).
The Enforcement Officer outlined the contents of the report by way of presentation highlighting the land in question and the extensive works that had taken place without planning permission. Photographs were provided which identified the works that had taken place to the land and highlighted the ancient monument to the north west corner of the site. She informed the meeting that she had met with the newly appointed agent acting on behalf of the landowner the previous day who had reported that he was in the process of preparing planning applications in relation to the site.
Consideration was given to the views of both the legal representatives for the neighbouring residents and the landowner:
· Concerns were raised regarding the flagrant breach of planning control
· The earth moving works and total lack of respect for the local environment
· The need for effective enforcement
· The impact of the works on the neighbouring property
· Drainage issues created by the extensive works.
· The planning agent’s plans to make good and further enhance the area in discussion
· Work that was taking place to put forward planning applications.
Discussion took place regarding:
· Drainage issues which had arisen since the work had taken place and the impact on the neighbouring property leading into the winter
· The total lack of regard for planning control
It was therefore:
RESOLVED that: the Legal Services Manager be given delegated authority to
a) Issue an enforcement notice, requiring the re-instatement of the land to its previous condition, including the removal of the partially constructed building and drainage option in accordance with a detailed scheduled of works as directed by the Head of Planning and Regeneration in conjunction with the Legal Services Manager;
b) Take any legal action deemed appropriate including prosecution or Direct Action in the event of non-compliance with the notice.
(Proposed by Cllr R L Stanley and seconded by Cllr B A Moore)
Notes:
i) Cllrs B A Moore and R L Stanley declared personal interests as they had been in contact with the supporters of the enforcement action in their roles as Ward Members;
ii) Mr Mason spoke on behalf of the local residents;
iii) Mr Cookson and Mr Collett spoke on behalf of the landowner;
iv) The following late information was reported: The Area Planning Officer and Enforcement Officer met with the newly appointed agent acting on behalf of the owner yesterday. He is in the process of preparing planning applications in relation to this site, and has requested that additional time be allowed for this to be submitted before we serve an Enforcement Notice. Your officers consider that it remains important to protect the Council’s position, and if Members are minded to amend the recommendation, the following is suggested:
That Members, having regard to the provisions of the Mid Devon Development Plan and all other material planning considerations in accordance with Section 172, Town and Country Planning Act 1990, (as amended) ("the Act") should grant authority to the Legal Services Manager to issue an enforcement notice, should an application for planning permission in relation to the site not be submitted within two calendar months, requiring the re-instatement of the land to its previous condition, including the removal of the partially constructed building and drainage option in accordance with a detailed schedule of works the compilation of which to be delegated to the Head of Planning and Regeneration in conjunction with the Legal Services Manager. In addition, that authority be given to the Legal Services Manager to take any legal action deemed appropriate including prosecution or Direct Action in the event on non-compliance with the notice.
c) No. 3 in the Enforcement List (Enforcement Case ENF/16/00257/UDRU – without planning permission, within the last four years the carrying out of engineering operations on the land with the use of heavy machinery and plant including the excavation and reprofiling of land, land drainage works including formation of 3 drainage ponds and the erection of a blockwork building – Land to the north and east of Higher Barn, Bampton).
The Enforcement Officer outlined the contents of the report by way of presentation highlighting the land in question and the extensive works that had taken place without planning permission. Photographs were provided which identified the works that had taken place to the land and highlighted the ancient monument to the north west corner of the site. She informed the meeting that she had met with the newly appointed agent acting on behalf of the landowner the previous day who had reported that he was in the process of preparing planning applications in relation to the site.
Consideration was given to the views of both the legal representatives for the neighbouring residents and the landowner:
· Concerns were raised regarding the flagrant breach of planning control
· The earth moving works and total lack of respect for the local environment
· The need for effective enforcement
· The impact of the works on the neighbouring property
· Drainage issues created by the extensive works.
· The planning agent’s plans to make good and further enhance the area in discussion
· Work that was taking place to put forward planning applications.
Discussion took place regarding:
· Drainage issues which had arisen since the work had taken place and the impact on the neighbouring property leading into the winter
· The total lack of regard for planning control
· The impact of the works on the ancient monument at “The Mount”
It was therefore:
RESOLVED that: the Legal Services Manager be given delegated authority to
a) issue an enforcement notice, requiring the re-instatement of the land to its previous condition, including the removal of the partially constructed building and drainage option in accordance with a detailed scheduled of works as directed by the Head of Planning and Regeneration in conjunction with the Legal Services Manager;
b) take any legal action deemed appropriate including prosecution or Direct Action in the event of non-compliance with the notice.
(Proposed by Cllr R L Stanley and seconded by Cllr B A Moore)
Notes:
(i) Cllrs B A Moore and R L Stanley declared personal interests as they had been in contact with the supporters of the enforcement action in their roles as Ward Members;
(ii) Mr Mason spoke on behalf of the local residents;
(iii) Mr Cookson and Mr Collett spoke on behalf of the landowner;
(iv) The following late information was reported: The Area Planning Officer and Enforcement Officer met with the newly appointed agent acting on behalf of the owner yesterday. He is in the process of preparing planning applications in relation to this site, and has requested that additional time be allowed for this to be submitted before we serve an Enforcement Notice. Your officers consider that it remains important to protect the Council’s position, and if Members are minded to amend the recommendation, the following is suggested:
That Members, having regard to the provisions of the Mid Devon Development Plan and all other material planning considerations in accordance with Section 172, Town and Country Planning Act 1990, (as amended) ("the Act") should grant authority to the Legal Services Manager to issue an enforcement notice, should an application for planning permission in relation to the site not be submitted within one calendar month, requiring the re-instatement of the land to its previous condition, including the removal of the partially constructed building and drainage option in accordance with a detailed schedule of works the compilation of which to be delegated to the Head of Planning and Regeneration in conjunction with the Legal Services Manager. In addition, that authority be given to the Legal Services Manager to take any legal action deemed appropriate including prosecution or Direct Action in the event on non-compliance with the notice.
c) No. 4 in the Enforcement List (Enforcement Case ENF/16/00247/LIS – Listed building in a poor state of repair and illegal/unauthorised internal alterations – 12 St Andrew Street, Tiverton).
The Conservation Officer outlined the contents of the report highlighting by way of presentation the poor state of the building and the impact this was having on the neighbouring properties. She also explained the negotiations that had taken place with the property owner.
RESOLVED that the Legal Services Manager be given delegated authority to:
a) Take the appropriate legal action including the service of a notice or notices seeking the repair and redecoration of the exterior of the listed building. In addition in the event of a failure to comply with any notice served or refusal to regularise or correct any unauthorised works to the listed building, authority to seek prosecution, direct action and or a court injunction.
b) In addition, in the event of the failure to provide access to the interior of the building, to authorise the seeking of a magistrate’s warrant to ensure access be provided
(Proposed by Cllr B A Moore and seconded by Cllr Mrs H Bainbridge)
d) No. 5 in the Enforcement List (Enforcement Case ENF/16/00248/LIS – Listed building in a poor state of repair – 3 Bridge Buildings, West Exe North, Tiverton).
The Conservation Officer outlined the contents of the report by way of presentation highlighting the poor state of the building and she informed the meeting that the building had been gutted internally just before the building had been formally listed in 2000, hence the exterior of the property was the issue of any enforcement action.
RESOLVED that the Legal Services Manager be given delegated authority to take any appropriate legal action, including the service of a notice or notices seeking the repair and redecoration of the exterior of the listed building. In addition, in the event of a failure to comply with any notice served, to authorise prosecution, direct action and/or authority to seek a court injunction.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr Mrs C A Collis)
Note: Cllr R J Dolley declared a personal interest as he had had discussions in his role as Ward Member.
Supporting documents: