URGENT BUSINESS

 

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE B        

TUESDAY 12 AUGUST 2003

REPORT OF THE STRATEGIC DIRECTOR OF ENVIRONMENT SERVICES

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

TCP/24579A/P/00296/03                                Use of part of premises for the preparation of fish and shellfish, The Boathouse, Blake and Spencer, Esplanade, Ventnor, Isle of Wight

 

Officer:   Mr S Cornwell                               Tel:   (01983) 823592

 

Summary

 

                   To consider how the Local Planning Authority should respond to an ongoing breach of planning control as specified above.

 

Background  

 

In October 2001 the Local Planning Authority received a complaint that a crab processing operation was being undertaken within a workshop/storage building that is known as The Boathouse and which lies behind the properties fronting the north side of the Esplanade at Ventnor.  The Boathouse is accessed by a narrow passageway between two single storey buildings.  In addition to accessing The Boathouse the passageway continues up towards Marine Parade providing a means of access for occupants of those properties to get down towards the beach.

 

As a result of the investigation an application for a Lawful Development Certificate was received on 3 January 2002.  The operator made the application on the basis that the use had begun more than ten years before the date of the application.  In that context, reference was made to the activity starting in the 1950’s.  Additional information was supplied and the application for the Lawful Development Certificate was then determined.  From the evidence submitted it appeared that on the balance of probability that crab processing had been taking place from these premises since 1993/94.  However, for the years proceeding this date the evidence was contradictory and accordingly it was considered there was insufficient information to grant an LDC for the processing of crab etc. since 1991.  On that basis the application for the LDC was rejected.  An appeal was submitted against this refusal but was withdrawn in February 2003.  At that time, the operator indicated he was proposing to make a planning application for temporary consent to tide him over until he moved premises into the new harbour area.

 

A planning application was submitted on 14 February 2003 to use a small already sectioned off area of The Boathouse for the removal of meat from crabs and for filleting fish as required by their business as fishermen.  The application was subsequently refused on 1 August 2003 for the following reason:

 

“The development has resulted in unacceptable odour and pollution nuisance in the locality, and is therefore considered by the Local Planning Authority to be contrary to policies E9 (Employment Development Anywhere Within Settlements) and P1 (Pollution and Development) of the Isle of Wight Unitary Development Plan.”

 

The site has recently been visited and the operation continues in use.  It would appear that the sectioned off part of the building is used solely for the washing and preparation of fish and shellfish together with their storage in refrigerated units with the boiling process taking place outdoor in a container which sits in a walled off area (but with no roof) and which is powered by two calor gas bottles.  It does appear that the adjoining area to the east is used for the storage of fishing items including crab pots etc.

 

The operator has indicated verbally an intention to appeal the decision.

 

The operator has also confirmed that they supply forty five outlets with fish and shellfish and currently employ seven people in the whole business.

 

Financial Implications

 

None.

 

Options

 

  1. To serve an Enforcement Notice requiring the cessation of the use of the building known as The Boathouse and the adjoining land in the preparation of fish and shellfish with a time period for compliance of twelve months.

 

  1. To note the report but take no further action.

 

Conclusion

 

Planning Policy Guidance Note 18 – Enforcing Planning Control, sets out guidance for Local Planning Authorities to consider in making an assessment to determine if enforcement action is appropriate.  One of the criteria identified is where an unauthorised development is unacceptable on the site but relocation is feasible.  I believe this to be appropriate to the situation currently at hand as the operation is intending to relocate within nine to twelve months in the recently created Ventnor Haven.  I am advised that he is presently under discussion with Property Services on the arrangements to create a landing and processing facility that will cater not only for his own catch but also those of other fishermen.  The issue to be balanced in this particular instance would be the timescale within which any relocation could be achieved in the context of how severe the Local Planning Authority considers the ongoing operation to be.  In that context, I note that the recent application which was determined under the delegation procedure attracted objections from thirteen individuals and also from Ventnor Town Council.  Concerns raised include traffic congestion on the Esplanade, the smells and attraction of vermin.  In a memo dated 28 July 2003 from the Principal Environmental Health Officer the following was stated:

 

“We have recently received complaints concerning a number of environmental health matters relating to these premises.  Officers have visited the site and confirm that the complaints were not justified.  Furthermore, our department are currently investigating allegations of odour.  However, I have consulted with my Food Hygiene colleagues who have confirmed that there is no odour from the cooking of fresh shellfish.  The odour that originates is generated from waste.”

 

The operator has indicated that the waste is disposed of at sea within hours.

 

Whilst I accept the suggestion that this is not an ideal site for the long term retention of the business there is a resolution at hand by its relocation.  Government guidance indicates that where enforcement action is proposed and this involves a relocation, the business should be given an appropriate timescale.  Having considered the nature and the number of objections the proximity to nearby properties and taking into account the operational requirements of the business I believe it would be appropriate to serve an Enforcement Notice but setting a timescale for compliance of twelve months which fits in with a projected relocation of the business.

 

In coming to this recommendation to serve an Enforcement Notice, consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights.  It is recognised that the enforcement action will be an interference with the owner’s human rights but is considered necessary to balance this proportionately to the legitimate aims of the Council’s Unitary Development Plan policies. 

 

Recommendation

 

To serve an Enforcement Notice requiring the cessation of the use of the building known as The Boathouse and the adjoining land in the preparation of fish and shellfish with a time period for compliance of twelve months.

 

 

 

 

ANDREW ASHCROFT

Head of Planning Services