To consider the items contained in the Enforcement List.
Consideration was given to the cases in the Enforcement List *.
Note: *List previously circulated; copy attached to signed Minutes.
a) No. 1 in the Enforcement List (Enforcement Case ENF/17/00070/RURAL – Unauthorised building operations concerning the extension of a former tractor storage shed and the unauthorised change of use of the land from woodland to a mixed use of woodland and recreational use – Culm Wood, (Gaddon Down Plantation), Ashill).
The Area Team Leader outlined the contents of the report highlighting the breach of planning control and explaining by way of presentation the site in question, the vehicle access and photographs from various aspects of the site, which included the original tractor shed and the new works that had taken place.
Consideration was given to the trees that had been removed on the site.
RESOLVED that the Legal Services Manager be given delegated authority to take all such steps and action necessary to secure the demolition and removal of the unauthorised operational development, the cessation of the unauthorised use and the removal of the items of domestic paraphernalia on the land, including the issue of an enforcement notice and prosecution and/or Direct Action in the event of non-compliance with the notice.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr P J Heal)
Note: the following late information was reported: The following statement had been provided on behalf of the owner of the land to seek to justify why the scope of works has been undertaken.
Before my son took over Culm Wood the storm in January 2017 had blown many trees down, breaking down part of a wall on the right hand side of the building and also hitting the roof. This broke holes in it and pushed one of the A frames over which in turn pushed the left-hand wall off its footings and tilted it towards the track which is used by Buckland Wood Ridden Wood and Ashill Wood. A lot of dog walkers, which I know from when I was a landlord of the Ostler in Uffculme, use these woods and I have a duty of care for them. Therefore, my son started repairing. As we all know there is often a lot more damaged than his realised. Due to these repairs he was reported to the council and consequently told planning but when I enquired about planning permission he was told he would not be given planning permission so he stopped the repair work after making it safe.
Officer Comment: The validity of the information is uncertain in your officer’s view, and there is no change to the recommendation as set out in the report as drafted and circulated to members in the report pack.
b) No. 2 in the Enforcement List (Enforcement Case ENF/17/00160/COU – Change of use of land from agriculture to mixed use agriculture and the siting and use of a caravan for human habitation together with domestic paraphernalia ancillary to such use and the storage of two non-agricultural motor vehicles – land lying to the north of Petton Cross, Shillingford).
The Area Team Leader outlined the contents of the report by way of presentation highlighting the land in question and providing an aerial photograph which identified the remoteness of the site; photographs were provided from various aspects of the site which showed the caravan in situ and the 2 vehicles.
Consideration was given to:
· The views of the applicant’s representative who explained that they had been informed that they could keep the caravan on site until they had erected the shed for the livestock and that the caravan had only been used for storage and not human habitation.
· The requirement for the caravan even if used for storage to have planning permission.
· Whether any planning consent had been applied for.
· The fact that it was felt that the Enforcement Officer had been reasonable in any discussion he had had with the landowner.
RESOLVED that the Legal Services Manager be given delegated authority to take all such steps and action necessary to secure the cessation of the unauthorised change of use by the removal of the caravan and associated domestic paraphernalia along with the two non-agricultural motor vehicles from the site. This could include the issue of an enforcement notice followed by prosecution and/or Direct Action in the event of non-compliance with the notice.
(Proposed Cllr B A Moore and seconded by Cllr Mrs H Bainbridge)
Note: Mr Groves spoke on behalf of the landowner.
c) No. 3 in the Enforcement List (Enforcement Case ENF/17/00266/RURAL – Unauthorised material change of use of land from agriculture to a mixed use of agriculture and the slaughtering, process, packing, freezing, storage and distribution of meat, together with ancillary operational development comprising the erection of two structures and a concrete base – land and buildings at NGR 307589 114376 (Land at Escotts Farm, Uffculme).
The Area Team Leader outlined the contents of the report by way of presentation highlighting the rural location of the site in question and the alleged breach of planning control. He provided photographs from various aspects of the site which highlighted the area of hardstanding, the number of buildings on the site, the refrigeration vehicles and a generator. He explained that the Enforcement Officer had been in dialogue with the landowner with regard to the submission of a planning application; a planning application had been received but to date remained unregistered.
RESOLVED that the Group Manager – Legal Services (Legal Services Manager) be given delegated authority to take all such steps and action necessary to secure the cessation of the unauthorised use and the demolition and removal of the unauthorised ancillary operational development, including the issue of an enforcement notice and prosecution and/or Direct Action in the event of non-compliance with the notice.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr Mrs G Doe)