POSITION AS OF 4 AUGUST
2003
Officer: Mr S Cornwell Tel: (01983) 823592
Members may recall that
some time ago a report was presented to them on a quarterly basis setting out
the position with regard to enforcement actions which the Committee had
authorised. This procedure stopped some
time ago.
As
part of the work towards improving the enforcement service it is proposed to
reinstate the production of this paper and Members will find attached a report
relating to some twenty eight actions setting out the history and the current
position.
The
purpose of the report is to make Members aware of the current position with
regard to these cases. If any individual
Member has a specific case that they wish for further clarification on, I would
request that they contact me any time outside the committee meeting.
The
next report would come to the 25 November 2003 Development Control Committee
meeting.
Recommendation:
That Members note the attached report.
Head of Planning Services
Site |
Details |
Minute/Date |
Notes/Present Position |
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. |
Site |
Details |
Minute/Date |
Notes/Present Position |
|
India Cottage, Grove Road, Ventnor |
Enforcement action authorised against unauthorised alterations to Listed building by the installation of five UPVC windows. Notice requires removal and replacement of windows. 12 months to comply. |
13.3.2001 |
Listed Building Enforcement Notice issued 25 June 2001. Effective date 7 August 2001. Original compliance date 7 February 2002. Appeal submitted 7 August 2001. Appeal dismissed, Enforcement Notice upheld July 2002. Revised compliance date 9 January 2003. New owner exchanged correspondence with LPA which confirms specification and work to be completed by end of May 2003. On that basis, no action taken for not complying with Enforcement Notice to date but position to be reviewed beginning June 2003. Site visited, windows had been replaced in accordance with the Notice. Case Closed. |
|
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 |
|
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 being gathered, draft statement being produced. |
Site |
Details |
Minute/Date |
Notes/Present Position |
|
Merrie Gardens, Newport Road, Lake, Sandown |
Enforcement action authorised against the use of the land as a trailer and lorry park and also the parking and storage of vehicles on the land |
16.10.2001 |
Enforcement Notice issued 8 January 2002. Effective date 19 February 2002. Compliance date 19 February 2003. Site checked. Two trailers remain. Planning originally to instruct Legal but following further letter remaining trailers removed. Notice complied with. Case Closed. |
|
16/20 Church Road, Shanklin |
Enforcement action authorised against retention of stream culvert following refusal of planning permission. 3 months to comply. |
16.10.2001 |
Enforcement Notice issued 18 February 2002. Effective date 8 April 2002. Original compliance date 8 July 2002. Appeal made 26 March 2002 therefore Enforcement Notice held in abeyance. Appeal dismissed and Enforcement Notice upheld 31 July 2002. New compliance date set 31 October 2002. Committee decision not to pursue enforcement action 19 November 2002. Further consideration of fresh application results in planning permission being approved 22 July 2003. Enforcement action to stop. Case Closed. |
|
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 to revisit site and take evidence to form basis of prosecution statement for failing to comply with the requirements of the original Enforcement Notice. |
Site |
Details |
Minute/Date |
Notes/Present Position |
|
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. Draft prosecution statement for failing to comply with Enforcement Notice currently being discussed with Legal Section. |
|
Sun Inn, Hulverstone |
Enforcement action and Listed Building enforcement action authorised against residential caravan and erection of fencing panels which are located within the grounds of the Listed Building. 3 months to comply |
8.1.2002 |
Enforcement Notices issued 27 May 2002. Effective date 12 July 2002. Compliance date 12 October 2002. Appeal submitted before effective date took effect. Appellant only sought to extend compliance period. Following consideration by Planning Committee compliance period extended until 1 August 2003 on condition appeal withdrawn and this was complied with. New compliance date 1 August 2003. Site checked, mobile home and fencing removed. Concrete hardstanding and shed still remain. Letter being sent to new owners seeking to address outstanding matters. |
Site |
Details |
Minute/Date |
Notes/Present Position |
|
Sunnyside, Steyne Road, Seaview |
Enforcement action authorised against introduction of a roof extension resulting in a dormer window and creation of a balcony area. 2 months to comply |
29.1.2002 |
Enforcement Notice issued 2 April 2002. Effective date 20 May 2002. Original compliance date 20 July 2002. Appeal submitted 16 May 2002. Inspector’s decision on appeal 13 November 2002 upholds the basic enforcement action but extends compliance period to six months. Revised compliance date 13 May 2003. Following confirmation that a builder had been instructed to undertake the work but could not do so before 13 May deadline has been agreed not to pursue any breach of the Enforcement Notice until after 21 July 2003 which is the date LPA advised builder will complete works. |
|
OS Parcel 0042, Off Oakhill Road, Seaview |
Following refusal of planning permission enforcement action authorised requiring removal of materials involved in construction of the extended area of hardstanding, access track and bund and the reinstatement of the land to its former condition. Time period for compliance 6 months |
2.4.2002 |
Enforcement Notice issued 15 May 2003 with an effective date of 28 June 2003 and original compliance date of 28 December 2002. Appeal made against Enforcement Notice. Inspector’s decision letter dated 14 November 2002 allowing the retention of the access track and extended hardstanding area but upholding the appeal with regard to the bund. New compliance date set at 14 May 2003. Site checked, bund remains. Draft prosecution Notice being prepared. |
|
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 has indicated appeal invalid. LPA now seeking compliance with notice within original timescale. |
|
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 to take place 22 July 2003. No projected date for appeal decision |
Site |
Details |
Minute/Date |
Notes/Present Position |
|
Former Raffles Tavern Steyne Road, Bembridge |
Enforcement action authorised against the use of the building from an hotel to private staff accommodation. Notice required cessation of use. 6 months to comply. |
14.5.2002 |
Enforcement Notice issued 15 July 2002. Effective date 30 August 2002. Original compliance date 30 February 2003. Appeal submitted against Enforcement Notice. Planning application subsequently submitted and approved for the unauthorised use. Appeal withdrawn. LPA withdrawn notice. Case Closed. |
|
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. |
|
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. Draft prosecution statement in the form of a memo in discussion with Council’s Legal Section. |
|
1 The Avenue, Totland Bay |
Following refusal of retrospective application for retention of vehicular access enforcement action authorised to require its closure. 1 month to comply. |
17.9.2002 |
Enforcement Notice issued 10 December 2002. Effective date 4 February 2003. Compliance date 4 March 2003. Gap closed by fencing panels which appear to be hinged. Agreed this could be accepted as compliance but the site is being monitored to ensure use does not recommence. Case Closed |
Site |
Details |
Minute/Date |
Notes/Present Position |
|
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. |
|
35 High Street, Cowes |
Enforcement Notice authorised against failure to comply with planning condition requiring installation of a watertight door and casement. 3 months to comply. |
19.11.2002 |
Planning application submitted seeking to remove relevant condition on eve of date Notice about to be served. On basis this offers resolution to outstanding issue decided not to serve Notice immediately but await determination of planning application. Application approved no need to serve Enforcement Notice. Case Closed. |
|
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. |
|
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. |
|
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. |
Site |
Details |
Minute/Date |
Notes/Present Position |
|
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 to be considered further at 12 August 2003 Development Control Committee meeting. |
|
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 |
|
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. |
|
1 Rosetta Drive, East Cowes |
Unauthorised use of domestic garage in connection with vehicle hire operation. |
8.4.2003 |
Enforcement Notice issued 8 May 2003. Effective date 20 June 2003. Compliance date 20 July 2003. Site visited and premises inspected 1 August 2003. Use appears to have ceased. Awaiting further 14 days to confirm this. |
|
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. |
20.5.3003 |
Draft Notice prepared by Legal. Site being rechecked to confirm whether or not there is a current breach before Notice is actually served. |
Site |
Details |
Minute/Date |
Notes/Present Position |
|
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. |