PAPER C

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –

TUESDAY 11 MAY 2004

REPORT OF THE HEAD OF PLANNING SERVICES

UPDATE – OUTSTANDING ISLE OF WIGHT COUNCIL ENFORCEMENT ACTIONS

POSITION AS OF 30 APRIL 2004

Officer: Mr S Cornwell Tel: (01983) 823592

Background

One of the commitments within the adopted Enforcement Policy which Members agreed at the 2 September 2003 Development Control Committee meeting was to report back on a regular basis with some information on performance levels.

Outlined below are a range of enforcement statistics comparing the first quarter performance levels this year with figures for 2002 and 2003.

With regards to the performance target of taking 80% of complaints through from receipt to the point of either:

a) the use ceases;

b) retrospective planning application is made;

c) identify that planning permission is not needed;

d) planning permission has already been obtained, or

e) resolve to take enforcement action

I have looked at the reported complaints over the six month period 1 September 2003 to 29 February 2004. During that time a total of 227 complaints were received of which to date 79% have been taken from receipt to one of the outcomes listed above. Given the staffing difficulties which the team has experienced over the past 6 months (and continues to suffer from) I believe this figure of just below the target is very encouraging.

To give Members some further insight into the work of the Enforcement Team I have also produced a breakdown of figures relating to overall complaints and the service of Notices on a quarter by quarter basis.

COMPLAINTS

Jan-March	April-June	July-Sept	Oct-Dec	TOTAL
118	123	122	95	458
106	147	147	108	508
112

2002

2003

2004

ENFORCEMENT NOTICES

Jan-March	April-June	July-Sept	Oct-Dec	TOTAL
6	11	5	4	26
4	5	3	6	18
5

2002

2003

2004

BREACH OF CONDITION NOTICES

Jan-March	April-June	July-Sept	Oct-Dec	TOTAL
6	4	8	5	23
9	23	19	2	53
5

2002

2003

2004

PLANNING CONTRAVENTION NOTICES

Jan-March	April-June	July-Sept	Oct-Dec	TOTAL
3	2	4	5	14
3	1	3	8	15
3

2002

2003

2004

Also, at the back of this report is the further update on progress regarding outstanding enforcement actions. Members will recall the last report was considered at the 25 November 2003 meeting. At the end of this report I have also referred to the Section 215 Notices that Members have authorised over the past few months and also the court cases that have been progressed.

If any individual Member has a specific case that they wish for further clarification on, I would request that they contact me before the Committee Meeting on the above number.

It is intended that the next report would come in front of the Committee on 3 August 2004.

Recommendation

That Members note the attached report

ANDREW ASHCROFT

Head of Planning Services

Update: Outstanding Isle of Wight Council Enforcement Actions 30 April 2004

Site	Details	Minute/Date	Notes/Present Position
1. Land adjacent to Long Lane Plantation, Long Lane, Newport	Enforcement action authorised against residential use of coach, storage of vehicles on land and construction of a building.	5.12.2000	Land divided into multiple plots resulted in delay of issuing Enforcement Notice. Enforcement Notice issued 12 July 2001. Effective date 24 August 2001. Compliance date 24 October 2001. Appeal made against Enforcement Notice on 22 August 2001. Planning Committee agreed to extend compliance period through to 1 May 2002 if applicant withdrew appeal 8 January 2002. Residential use had ceased at this time. Site checked after 1 May 2002, vehicles and building still remain. Potential prosecution statement drafted for Legal. Ownership of individual items on site and land parcels changed making identification of responsible parties more difficult. Following Legal Section contacting new owners coach and number of vehicles moved from their original positions. Site visited by Officer, all the cars have been removed but the coach and the shed remain. The coach (which is not owned by a plot holder) has been moved into a new position. Plot holder indicated he will take measures to get coach and shed removed. Quantity of spoil tipped across centre of site limiting access to upper area. Travellers moved on to lower part of site, one of which has indicated ownership of plot they occupy and this is currently being checked by Legal. Travellers given copy of Enforcement Notice on 11 July 2003 with request that they meet LPA in 10 days time. At meeting Travellers given deadline to vacate site otherwise action to be taken. Travellers vacated site but left behind large van. Coach has been removed but shed remains. LPA currently trying to get remaining structures removed and get site secured so Travellers cannot return.

Site	Details	Minute/Date	Notes/Present Position
2. Land east of Sandown Airport, Newport Road, Sandown	Planning permission refused for part retrospective development and enforcement action authorised requiring cessation of use of site as a trailer and lorry park. 9 months to comply.	3.8.2001	Enforcement Notice issued 30 January 2002. Effective date 12 March 2002. Original compliance date 12 March 2003. Enforcement Notice appeal submitted dated 28 February 2002. Appeal dismissed and Enforcement Notice varied 22 October 2002. New compliance date set 22 October 2003 Site visited 10 November 2003, no indications any requirements of Enforcement Notice been complied with. Evidence gathered statement produced to form basis of a prosecution for failing to comply with the requirements of the notice. First Magistrates’ Court Hearing date 20 February 2004, second Hearing date 12 March 2004. At third Hearing date 19 March 2004 operator pleaded guilty for not complying with the Notice and was fined £1000 with £1000 costs. Site visited 21 April 2004. Further actions taken to comply with Notice, these currently being evaluated by Officers.
3. Brookfield Willows, Ventnor Road, Whitwell	Enforcement action authorised against the disposal of inert waste material on the land. Time period for compliance 3 months.	15.8.2001	Enforcement Notice issued 24 April 2001. Effective date 11 June 2001. Original compliance date 11 September 2001. Appeal against Enforcement Notice submitted 8 June 2001. Inspector’s decision letter received 6 September 2002, Notice upheld but time period extended to 9 months. New compliance date 6 June 2003. Site checked, material not removed. Case conference with Legal Services. Decision to initiate a prosecution for failing to comply with the Enforcement Notice. Evidence gathered, prosecution statements produced. First Court date is 7 May 2004

Site		Details	Minute/Date	Notes/Present Position
4. Land north east Rodgebrook Farm, Whitehouse Road, Newport		Enforcement action authorised against non-agricultural use of land, pond, timber storage	7.12.2001	Enforcement Notices issued 4 May 2001. Effective date 8 June 2001. Compliance date 8 December 2001. Site condition improved, but notice not fully complied with. Further application submitted, refused December 2001. Appeal submitted 6 February 2003. Inspector’s decision letter issued 30 June 2003 dismissing appeal. Planning revisited site to collect evidence to form basis of prosecution statement for failing to comply with the requirements of the original Enforcement Notice. As a result of threat of impending action the landowner commenced clearance of site. Request made for the LPA to consider retention of pond and cords of wood. In December 2003 site visited with Local Member. Operator advised that with some minor works and landscaping pond could be retained but that the cords of wood had to be removed. Recent reports indicate that further items have been brought onto site. There is therefore a need for a fresh site visit and an assessment if any of the new activity is development and, if so, is it covered by the existing Notice.
Site	Details		Minute/Date	Notes/Present Position
5. Fernhill House, Fernhill, Wootton Bridge	Enforcement action authorised against the unauthorised construction of a two storey wooden chalet. Notice to require demolition of structure, and removal of septic tank. 6 months to comply.		18.12.2001	Enforcement Notice issued 19 February 2002. Effective date 12 April 2002. Original compliance date 12 October 2002. Appeal submitted against Notice 11 April 2002. Appeal dismissed 19 June 2002. New compliance date set 19 December 2002. Enforcement Officer visited site after expiry of compliance date, found minimal demolition work undertaken. Legal Section requested to consider action for failing to comply with Enforcement Notice. Planning application to adapt building and allow its retention as an agricultural store refused 20 June 2003. Prosecution statement for failing to comply with Enforcement Notice produced. On 20 February 2004 in the Magistrates’ Court the owner pleaded guilty to failing to comply with the Enforcement Notice and was fined £200 with £200 costs. It was acknowledged that immediately prior to the Court date the building had been demolished and the Notice complied with. Case closed.
6. West Billingham Farm Billingham, Newport	Committee authorised enforcement action against introduction of upvc windows in Listed Building. 6 months to comply.		23.4.2002	Enforcement Notices issued 7 April 2003. Effective date of 27 May 2003. Compliance date 27 November 2003 Appeal made against Notice on 20 May 2003. Planning Inspectorate indicated appeal invalid. Planning application submitted seeking to retain the UPVC windows with indication that if application refused an appeal will be lodged. Planning application refused. Appeal submitted with date for Listed Building Hearing 7 September 2004.
Site	Details		Minute/Date	Notes/Present Position
7. Puckaster Farm, Puckaster Lane, Niton	Enforcement action authorised against formation of holiday units in former farm buildings. Retrospective planning application refused June 2002		23.4.2002	Enforcement Notice issued 13 August 2002. Effective date 2 October 2002. Original compliance date 2 January 2003. Enforcement Notice appeal submitted 1 October 2002. Enforcement action suspended during determination of appeal. Inspector’s site visit took place 22 July 2003. Inspector’s decision letter dated 6 August 2003 dismissed the appeal and upheld the notice with variation, extending compliance period from three to six months. New compliance date now set 6 February 2004. Use ceased. Final confirmation being sought that works to building as required by Notice have been undertaken.

Site	Details	Minute/Date	Notes/Present Position
8 Fort Bouldnor, Main Road, Bouldnor, Yarmouth	Following refusal of retrospective planning permission enforcement action authorised against: (a) the unit of residential accommodation (b) the alterations/extensions and new buildings (c) the use of the site in connection with training operations. 9 months to comply.	25.6.2002	Enforcement Notice issued 22 November 2002 regarding the residential unit. Effective date 15 January 2003. Compliance date 15 October 2003. Enforcement Notice regarding alterations and extensions to other buildings and the addition of new buildings about to be issued. LPA approved Lawful Development Certificate in June accepting “continued use of land and original buildings as an outdoor activity training centre at Fort Bouldnor”. Report to 11 July 2003 Development Control Committee meeting Members decide to invite (with prejudice) retrospective application to address only outstanding matter that is item B in details paragraph. Deadline for submission set at 1 September 2003. Planning application submitted September 2003, still under consideration. Date of 15 October 2003 for compliance with Enforcement Notice on residential building now passed. Site visited first floor accommodation been removed, use as permanent residential accommodation ceased as people moved out but ground floor in use as staff sleeping accommodation. Planning application submitted seeking temporary permission for this use now under consideration. Any further enforcement action dependent on decision on planning application.

Site	Details	Minute/Date	Notes/Present Position
9. Part OS parcel 7400 and 0003, Burnt House Lane, Alverstone, Sandown	Enforcement action authorised against unauthorised construction of a stable block. 3 months to comply.	6.8.2002	Enforcement Notice issued 20 December 2002. Effective date 18 February 2003. Compliance date 18 May 2003. Prosecution statement produced. On 20 February 2004 at the Magistrates’ Court the owner pleaded guilty to failing to comply with the Enforcement Notice and was fined £500 with £485 costs. Following threat of further Court action owner has produced letter from veterinary indicating that horses on site in foal, that both mares and newly born foals will require shelter and that they should not be moved until six weeks after the birth. In recognition of the animal welfare grounds operator given new date to have cleared building from site of 27 August 2004.
10. 10b Mount Pleasant Road, Newport	Enforcement action authorised seeking removal of a landing and a new access stairway. 4 months to comply.	19.11.2002	Enforcement Notice issued 6 February 2003. Effective date 6 March 2003. Compliance date of 21 July 2003 Planning application submitted 18 July 2003 but invalidated. Letter sent 24 July seeking outstanding information. Outstanding information submitted, planning application validated 1 September 2003. No decision made yet. Any further enforcement action dependent on determination of planning application.

Site	Details	Minute/Date	Notes/Present Position
11. Medham Village, Medham Farm Lane, off Newport Road, Northwood	Enforcement action authorised. Failure of developer to comply with that part of a planning condition which requires highway works.	19.11.2002 4.11.2003	Following the original Committee resolution in November 2002 discussions took place with the developer and local residents in an attempt to identify an amicable way forward without the need for the service of the Notice. These did not result in any remedy and as a consequence formal Notice served dated 11 September 2003 with the deadline for compliance of 15 January 2004. Appeal submitted against Notice indicating time period given for compliance too short. Further report considered at 4 November 2003 Development Control Committee meeting at which time Committee agreed to extend compliance period from three to twelve months on basis that developer withdraws appeal. Further resolution that Officers be instructed to monitor site over the year, that it will expect full compliance within the allocated time with any failure leading to consideration of action through the Magistrates Court. Letter dated 12 November 2003 from developer confirming appeal withdrawn . New compliance date is 17 October 2004.
12. Land west of Fighting Cocks Roadhouse, Hale Common	Enforcement action authorised requiring cessation of residential use of caravans and removal of all caravans, vehicles and other structures from site. 4 months to comply.	10.12.2002	Notice issued 13 February 2003. Effective date 9 April 2003. Compliance date 9 October 2003. Site visited, landowner complied with majority of Notice, only outstanding matter relates to removal of section of access road. Letter sent 11 November 2003 requesting compliance with outstanding matter failing which LPA will consider further action. Further site visit has confirmed full compliance with Notice. Case closed.

Site	Details	Minute/Date	Notes/Present Position
13. Land at Palmers Brook Farm, Park Road, Wootton	Following refusal of planning permission for retention of site for storage of buses and coaches enforcement action subsequently authorised. 3 months to comply.	10.12.2002	Enforcement Notice served. Appeal lodged against Notice. Inspector’s site visit took place 21 July 2003. Awaiting inspector’s formal decision letter. Second Notice issued 13 May 2003 on enlarged area with an effective date of 27 June 2003. Compliance date 27 September 2003. No appeal has been made with regards to the Second Notice. Inspector’s decision letter dated 5 August 2003 received regarding appeal against first Enforcement Notice. Appeal dismissed. No change to compliance date. New compliance date set at 5 November 2003. Site visited 12 November 2003, requirements of Notice not complied with, evidence gathered for prosecution for failing to comply with requirements of Notice. Site cleared and Notice complied by 2 March 2004 without need for prosecution. Case closed.
14. Barley Mow Public House Shide Road, Newport	Following refusal of retrospective planning permission for retention of petanque area. 3 months to comply.	10.12.2002	Enforcement Notice issued 30 January 2003. Effective date 14 March 2003. Compliance date 14 June 2003. Further planning application submitted but invalidated 30 June 2003. Letter sent 30 June, second letter 30 July. Retrospective application remains invalid, property owner advised remove facility in compliance with the Enforcement Notice immediately or face potential prosecution action. Use appears to have ceased but surface remains in place. Site being monitored to determine if breach of planning control exists.

Site	Details	Minute/Date	Notes/Present Position
15. Land adjoining The Orchard, Undercliff Drive, St Lawrence, Ventnor	Enforcement action authorised against unauthorised alterations to vehicular access and formation of hardstanding. 2 months to comply.	10.12.2002	At the 27 April 2003 Development Control Committee meeting Members considered a further report on this matter regarding the question of a legal right to use the new access. Unauthorised access not in use and Members gave landowner three months to resolve issue regarding use of new access. Committee to consider position after that time. Matter considered further at 12 August 2003 Development Control Committee meeting. Members resolved to pursue the enforcement action. Enforcement Notice served dated 21 October 2003 with an effective date of 5 December 2003 and with a compliance date of 5 February 2004. Appeal submitted against Enforcement Notice. Enforcement Hearing held 20 April 2004. Inspector’s Decision Letter dated 27 April 2004 dismissed the Appeal and upheld the Notice with variations. New date for compliance 27 June 2004.
16. Island Motor Salvage, Pritchetts Way, Rookley	Enforcement Notice authorised if no planning application submitted to enable LPA to consider whether unauthorised use of land adjoining existing operational site is acceptable.	14.1.2003	At the 29 April 2003 Development Control Committee meeting Members advised that planning application submitted but yet to be validated. Members resolved if validated no enforcement action would be undertaken until application determined. Application has been validated so enforcement action suspended Planning application approved. Case closed.
17. Bexhill Cottage, Whitwell	Planning application for retention of vehicular access refused and enforcement action authorised. 1 month to comply.	4.2.2003	Enforcement Notice issued 9 May 2003. Effective date 17 June 2003. Compliance date 17 July 2003. Appeal submitted against Notice 3 June 2003. Second planning application refused 11 July 2003. Appeal site visit undertaken 11 November 2003. Inspector’s decision letter dated 19 November 2003. Appeal dismissed with Enforcement Notice upheld with some variations. New compliance date set at 19 December 2003. Access closed. Case closed.

Site	Details	Minute/Date	Notes/Present Position
18. 10 Oakhills, Shanklin	To serve an Enforcement Notice requiring the cessation of the unauthorised use, the removal of the carpets and the reversion of the garage to domestic use. Time period for compliance – 1 week.	20.5.2003	Draft Notice prepared by Legal. Site being rechecked to confirm whether or not there is a current breach before Notice is actually served. Breach confirmed, Notice served dated 13 October 2003 with an effective date of 26 November 2003 and with a compliance date of 26 December 2003. Site visit undertaken which confirmed Notice complied with. Case closed
19. Land adjacent 22 Howgate Road, Bembridge	Enforcement action authorised against the alterations to open up a vehicle access. Time period for compliance – 1 month.	20.5.2003	Property owner has presented evidence which they believe indicates land is part of domestic garden of No.24 Howgate Road and this is currently being assessed before proceeding further with the service of any Enforcement Notice. LPA not fully convinced by information put forward, property owner given chance to make LDC. Meeting with Solicitor acting on behalf of landowner at which time agreement reached that bank fronting road will be reinstated thereby removing alleged breach of planning control. Given likelihood of satisfactory resolution Enforcement Notice not served at present. Letter dated 7 November 2003 from solicitor confirming verge reinstated. Works checked by site visit indicating verge not reinstated as originally existed. Site being monitored to ascertain if these lesser works will result in any vehicle access to the site. If so Notice will be served.
20. Keats Green Hotel, Queens Road, Shanklin	Enforcement action authorised against unauthorised installation of an extraction flue.	20.6.2003	Enforcement Notice issued dated 25 July 2003 with an effective date of 3 September 2003 and a compliance date of 3 October 2003. I understand that further discussions have taken place with Environmental Health Officers to resolve the concern and this has resulted in the further submission of a planning application on 11 November 2003. Planning Application approved 5 January 2004. This overrides the Enforcement Notice. Case closed.

Site	Details	Minute/Date	Notes/Present Position
21. Cheap and Cheerful Car Sales, York Avenue Garage, East Cowes	Enforcement action authorised but will accept use subject to certain limitations. Time period for compliance twenty-eight days after the Notice takes effect.	22.7.2003	On basis that Local Planning Authority proposes to underenforce Which will require Notice to make specific requirements this involves visit and survey at site. This site visit has yet to be undertaken.
22 34 Mayfield Drive, Newport, Isle of Wight	Enforcement action authorised against taxi business operating from premises. Time period for compliance three months.	22.7.2003	Enforcement Notice issued dated 11 September 2003 with an effective date of 23 October 2003 and a compliance date of 23 January 2004. Appeal submitted before effective date reached. Inspector’s Decision letter dated 7 April 2004 dismissing the Appeal and upholding the Enforcement Notice. New time period for compliance 7July 2004.
23. The Boathouse, Blake and Spencer, Esplanade, Ventnor	Enforcement action authorised against use of part of premises for the preparation of fishing shellfish. Time period for compliance is to be set no later than 31 March 2004.	12.8.2003	Enforcement Notice issued dated 8 December 2003 with an effective date of 19 January 2004 and a time period for compliance before 31 March 2004. Enforcement Appeal submitted before effective date reached. At 30 January 2004 Development Control Committee (Site Inspections) Members considered an urgent business item. Having reviewed the circumstances resolved to extend the time period for compliance by 8 months to 30 September 2004 on the understanding that the Appeal was withdrawn. Appeal has been withdrawn and accordingly a new compliance date set of 30 September 2004.
24 Land adjacent Embankment Road, Bembridge	Enforcement action authorised against the use of land as car park. Time period for compliance two months.	23.9.2003	Enforcement Notice issued dated 7 April 2004 with an effective date of 21 May 2004 and a compliance date of 21 July 2004. Planning Application submitted and refused on 19 April 2004. Appeals anticipated against both the Enforcement Notice and the refusal of planning permission.

Site	Details	Minute/Date	Notes/Present Position
25. Edina, Mill Road, Yarmouth	Enforcement action authorised for failing to construct dwelling in accordance with approved plans. Time period for compliance six months from the service of the Notice.	14.10.2003	Discussion presently underway with Legal Section on scope and content of Notice. Discussions taken place with applicant and his agent but to date no remedy acceptable to all parties has been identified. Intention to proceed and serve Notice.
26. Helens Copse, Gate Lane, Freshwater Bay	Enforcement action authorised against presence of two shipping containers on the land. Time period for compliance three months.	14.10.2003	Enforcement Notice issued dated 15 December 2003 with an effective date of 2 February 2004 and a compliance date of 2 May 2004. Appeal submitted before effective date reached. Hearing to take place on 18 May 2004.
27. Hawthorn Manor Farm, Chale Green and Sheep Lane Farm, Chale	Enforcement action authorised against use of mobile homes as residential accommodation. Time period for compliance 6 months	4.11.2003	Enforcement Notices issued dated 30 January 2004 with an effective date of 12 March 2004 and with a compliance date of 12 September 2004. Appeals submitted before effective date reached. Anticipated 2-3 day Public Inquiry to be held in October 2004 (provisional date).
28. Three storey building providing retail unit and restaurant on ground floor with total of 12 flats above, 37 Pyle Street, Newport	Enforcement action authorised against developer for failing to construct building in accordance with approved plans relating to render detail and feature strip and the construction of a low wall with a change in the footpath level between the road and the building.	25.11.2003	Local Planning Authority had difficulty in identifying relevant parties on which to serve Notice. These difficulties now been resolved. Draft Enforcement Notice agreed with Legal. Service imminent.
29. 15 Dudley Road, Ventnor	Enforcement action authorised against unauthorised car port. Time period for compliance 28 days from when the Notice takes effect.	25.11.2003	Draft Enforcement Notice prepared. Adjoining householder indicated they will purchase car port which removes concerns with regard to impact on adjoining residential property. Subject to satisfactory confirmation of purchase there will be no need to serve Enforcement Notice.

Site	Details	Minute/Date	Notes/Present Position
30. Isle of Wight Rugby Football Club. Footways, recreation ground, Wootton	Enforcement action authorised against failure to comply with condition limiting height of floodlight cluster. Time period for compliance one month.	25.11.2003	Enforcement Notice issued dated 30 January 2004 with an effective date of 12 March 2004 and a compliance date of 19 March 2004. Compliance to be checked.
31. Land rear of Seafields, Blackgang Road, Chale	Enforcement action authorised against the siting of 2 mobile homes. Time period for compliance 28 days.	25.11.2003	Both caravans removed before any Notice served. No breach of control Case closed
32 Christian Meeting Room, Buckbury Lane, Newport	Enforcement action authorised against the installation of a car park lighting scheme with a time period for compliance of 2 months.	16.12.2003	Enforcement Notice issued dated 22 January 2004 with an effective date of 5 March 2004 and a compliance date of 5 May 2004. Appeal submitted before the effective date reached with a second appeal against refusal of planning pemission. Projected target date for Inspector’s appeal decision 13 October 2004.
33 O.S. Parcel 5445, edge of Windgate Copse, Newtown, Isle of Wight	Enforcement action authorised against construction of a wooden building. Time period for compliance is 3 months.	16.12.2003	Enforcement Notice issued dated 19 January 2004 with an effective date of 1 March 2004 and a compliance date of 1 June 2004. Appeal submitted before effective date reached. Projected target date for appeal Inspector’s decision 4 October 2004.
34. Mariners Culver Way, Sandown, Isle of Wight	Enforcement action authorised against construction of a raised decking area and installation of a summerhouse on the decking area. Time period for compliance is 3 months.	5.12.2003	Enforcement Notice issued dated 20 February 2004 with an effective date of 6 April 2004 and a compliance date of 6 July 2004.
35. Cats Copse, West View Road, Cowes.	Enforcement action authorised against continued use of land and buildings for paintball games centre. Time period for compliance one month.	2.3.2004	Draft Enforcement Notice agreed with Legal. Service imminent.

OTHER ENFORCEMENT MATTERS

215 Notices

Site	Details	Minute/Date	Notes/Present Position
1. Kent House, York Avenue, East Cowes	Authorisation given for the service of a Notice requiring trailer body to be painted a dark/matt green or brown colour. Time period for compliance one month.	1.7.2003	Property in flats. Although requisition for information sent to property this has not been returned and Legal have been trying to ascertain individual(s) or company who owns building to ensure any Notice served on the appropriate party. To date these efforts proved unsuccessful. Legal currently seeking direction on what to do next.
2. Maryland, Colwell Chine Road, Freshwater	Authorisation given for the service of a Notice requiring tidying up of garden to property involving removal of a number of motor vehicles and other items. Time period for compliance one month.	2.3.2004	Section 215 Notice served dated 23 April 2004 with an effective date of 28 May 2004 and a compliance date of 28 June 2004.

COURT CASES

Site	Details	Minute/Date of Authorisation (where required)	Date of Court Hearing	Plea	Outcome
1. Site, Long Last, Cranmore Avenue, Cranmore, Yarmouth, Isle of Wight.	Court action taken against renewed failure to comply with Enforcement Notice requiring cessation of use of mobile home for residential purposes.	25.2.2003	25.7.2003 22.8.2003 12.9.2003 31.10.2003 11.12.2003 23.1.2004 20.2.2004	None None Not guilty Not guilty Not guilty Defendant changes plea to Guilty. Guilty	Case adjourned to enable property owner to obtain legal representation. Adjourned Defendant request for Crown Court accepted. Case committed to the Crown Court. Directions Hearing. Conditional bail granted. Trial date set for 10 February 2004. Date set for Sentencing Hearing. Defendant given Conditional Discharge for 2 years and requested to pay £8000 in costs. The Judge also required the defendant to give an undertaking that he would not use the caravan for residential purposes. On 14 April 2004 report was received indicated the defendant was again living in the caravan. The Local Planning Authority is currently taking steps to investigate if the allegation is correct, the level of the alleged use and based on the above a decision will be made on what further action should be taken.
2. Fernhill House, Fernhill, Wootton Bridge	Court action taken against failure to comply with Enforcement Notice requiring demolition of unauthorised wooden chalet building and removal of septic tank.	Delegated	20.2.2004	Guilty	Found guilty. Fined £200 with £200 costs.
3, Part OS parcel 7400 and 0003, Burnthouse Lane, Alverstone, Sandown	Prosecution action proposed for failing to comply to requirements of Enforcement Notice to remove an unauthorised stable block.	Delegated	20.2.2004	Guilty	Found guilty. Fined £500 with £485 costs.

Site	Details	Minute/Date of Authorisation (where required)	Date of Court Hearing	Plea	Outcome
4. Land adjacent Sandown Airport, Newport Road, Lake	Failure to comply with Enforcement Notice to cease use of site as a trailer and lorry park and remove all vehicles from site.	Delegated	20.2.2004 12.3.2004 19.3.2004	None None Guilty	Site owner did not attend Court. His absence was not felt appropriate to determine the case at first hearing. Defendant did not attend Court Hearing and although having started to consider the case Magistrates decided they could not deal with it in his absence given the nature of the offence. Fined £1000 with £1000 costs.
5. Land at junction of New Road and Gatcombe Road, Gatcombe.	The illegal display of signs with regard to a tea room.	Delegated	20.2.2004 30.3.2004	Not guilty Not guilty	Case deferred for Hearing 30 March 2004. Found guilty. No fine, no costs.
6. Turquoise Take Away, 137 High Street, Newport, Isle of Wight	Court action taken for failing to comply with breach of Condition Notice alleging sale of food and drink beyond the stipulated hours.	Delegated	2.4.2204 23.4.2004	None Guilty	Owner did not attend Court. Fined £300 with £586 costs.