ISLE OF WIGHT COUNCIL
DEVELOPMENT CONTROL COMMITTEE
Outlined below is a range of enforcement statistics comparing the fourth quarter (October to December 2004) performance levels this year with figures for 2002 and 2003.
Members will recall that when considering the last report at the 30 September 2004 Development Control Committee meeting it was not possible to provide an indication if we had achieved the policy target of moving 80% of complaints through from receipt to a position where the complaint was unfounded, an application had been submitted or some form of enforcement had been authorised. Members may also recall that I gave an indication that I was confident this matter would be resolved by the next report. Unfortunately, this has not proved to be the case. The level of resources that would be necessary to calculate the figures is out of proportion to the results. Accordingly, I must apologise to Members for this position.
Members should be aware that as of
the 1 January 2005 the computer recording system has been changed and a
specific eight week benchmark (performance target measurement point) has been
introduced to be inserted immediately after the recording of one of the options
that indicates the end of the policy target.
Members will be aware that the
enforcement authorisation procedure has been changed taking the responsibility
from committee down to the Chairman and local Member. Members will note that the last seven enforcement issues have been
dealt with under the delegation system.
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.
For Members’ information, staffing
levels within the enforcement team are now at four with one post still
vacant. This is the Junior Enforcement
Assistant’s post which has been vacant since the original post-holder was
promoted to the Householder Team in March 2004. Some administrative support is now being given by two part-time
employees. However, the Junior
Enforcement Officer also investigated minor complaints and this resource has
still not been replaced. Accordingly, I
estimate the investigation resource is 20% down on that which previously existed.
As of the 28 February 2005 the
East Area Enforcement Officer has given in his notice and will leave at the end
of March 2005. Measures to replace the
postholder are starting immediately but there is likely to be a break in
coverage before a new person is in post.
At the back of this report I have
set out some figures from the Office of the Deputy Prime Minister with regard
to development control statistics in England for the year 2003 to 2004. These show some interesting results and I
would strongly advise Members to look at this part of thereport.
COMPLAINTS
|
|
Jan-March |
April-June |
July-Sept |
Oct-Dec |
TOTAL |
|
2002 |
118 |
123 |
122 |
95 |
458 |
|
2003 |
106 |
147 |
147 |
108 |
508 |
|
2004 |
112 |
96 |
146 |
49 |
403 |
In addition to the above figures
within the last six months of 2004 we received a total of 53 complaints
relating specifically to new developments.
These were all checked as part of the general compliance/commencement
officer’s work. Towards the end of 2004
we invalidated two planning consents for developments failing to comply with
conditions relating to ground contamination assessments and remedial work
before building started. The sites have
now been subject to fresh applications.
|
|
Jan-March |
April-June |
July-Sept |
Oct-Dec |
TOTAL |
|
2002 |
6 |
11 |
5 |
4 |
26 |
|
2003 |
4 |
5 |
3 |
6 |
18 |
|
2004 |
5 |
2 |
6 |
1 |
14 |
As a new addition to the information
provided I can advise Members that since January 2001 we have defended 30
appeals against the service of enforcement notices and seen only one
allowed. This success rate of 97%
reflects the judgements made by Committee and the view that enforcement action
should be a last resort.
BREACH OF CONDITION NOTICES
|
|
Jan-March |
April-June |
July-Sept |
Oct-Dec |
TOTAL |
|
2002 |
6 |
4 |
8 |
5 |
23 |
|
2003 |
9 |
23 |
19 |
2 |
53 |
|
2004 |
5 |
0 |
11 |
1 |
17 |
PLANNING CONTRAVENTION NOTICES
|
|
Jan-March |
April-June |
July-Sept |
Oct-Dec |
TOTAL |
|
2002 |
3 |
2 |
4 |
5 |
14 |
|
2003 |
3 |
1 |
3 |
8 |
15 |
|
2004 |
3 |
2 |
0 |
5 |
10 |
If any individual Member has a specific case that they wish further clarification on, I would request that they contact me before the Committee Meeting on the above number or by e-mail.
It is intended that the
next report on performance would be produced in early April 2005.
ANDREW ASHCROFT
Head of Planning Services
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. Consideration being given to some form of direct
action to resolve matter. |
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. Further site visit undertaken 26
October 2004. Number of breaches
identified. Further prosecution
statement compared. Matter now being
progressed through Court Action (see specific section at end of report). |
|
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. Matter now being progressed
through Court action (see specific section at end of report). |
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. Meeting with operator in May
2004 failed to produce meaningful outcomes and prosecution statement now
being produced with view to prosecution in Magistrate Court for failing to
comply with requirements of notices. Matter now being progressed
through Court action (see specific section at end of report). |
|
5. 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. Inspectors decision letter dated 13
September 2004 dismissed the appeal.
Owner advised LPA expects compliance with enforcement notice by 13
March 2005. |
Site |
Details |
Minute/Date |
Notes/Present Position |
|
|
6. Fort Bouldnor, Main Road, Bouldnor, Yarmouth |
Following refusal of
retrospective planning permission enforcement action authorised against: (a) the unit
of residential accommodation (b) alterations/extensions
and new buildings (c) the use
of the site in connection with training operations. 9 months to comply. |
25.6.2004 |
Enforcement notice issued 22 Nov. 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. |
|
|
7. Bembridge Boatyard,
Marine Works, Embankment Road, Bembridge |
Enforcement action authorised
against fence adjacent highway and use of land for storage purposes including
builders materials, vehicle repairs and presence of buildings/structures |
25.02.2003 |
Enforcement notice issued dated 19
September 2003 with effective date of 7 November and compliance date of 7
March 2004. Appeal submitted. Inspectors decision letter dated
18 June 2004 dismissed appeals. New compliance date of 18
October 2004. Site checked for compliance,
outstanding matters relating to both Enforcement Notices. Landowner and tenant advised of
outstanding breaches and the implications of potential Court action for
non-compliance. Site meeting on 11 February 2005
at which time signs of efforts to comply.
Further monitoring required. |
|
|
|
||||
Site |
Details |
Minute/Date |
Notes/Present Position |
|
8. The Boathouse, Blake & Spencer,
Esplanade, Ventnor
|
Enforcement action authorised against
use of part of premises for the preparation of fishing shellfish.
Tim period for compliance is to be set no later than 31 March 2004 |
12.08.2003
|
Enforcement
Notice served dated 8 December 2003 with effective date of 19 January 2004
and original compliance date of 31 March 2004.
Appeal submitted 12 January 2004. Following consideration of matter at 30 January 2004
Meeting, Members resolved to extend compliance date to 30 September 2004 on
basis appeal withdrawn. This proposal accepted by operator. New
compliance date set
at 30 September 2004 Site checked 1 October 2004. Requirements of notice not complied with. Prosecution statement produced with view
to taking action within the Magistrates Court for failing to comply with
requirements of notice. First Court hearing date scheduled for 17 December 2004. Planning application submitted and as a
consequence Court hearing date deferred until 5 March 2005. At 15 February 2005 Development Control
Committee meeting a planning application approved therefore enforcement
notice nullified, proposed Court action withdrawn. Case Closed. |
|
9.Land adjacent Embankment Road, Bembridge
|
Enforcement
action authorised against the use of land as car park.
Time period for compliance 2 months. |
23.09.2003
|
Enforcement
Notice served dated 7 April 2004 with effective date of 21 May 2004 and
compliance date of 21 July 2004.
Appeal submitted.
Inspectors decision letter dated 29 December 2004, appeal
dismissed. New compliance date 1
March 2005. |
|
Site |
Details |
Minute/Date |
Notes/Present Position |
10. 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 4
November 2004. Works have been taking
place on site over recent months. Inspectors decision letter dated
29 December 2004, appeal dismissed.
New compliance dated 1 March 2005. Planning and Highways working
together to confirm that all the requirements of the Notice have been met. |
|
11. 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 |
|
12. 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. PI 8 February 2005. Enforcement Notice served dated 18
September 2004 with an effective date of the 12 November 2004 and with a time
period of compliance of 6 months.
Appeal submitted before effective date reached. Target date for public inquiry
is 8 February 2005. Planning application submitted
seeking consent for retention of building as constructed, projected Committee
date 15 March 2005. |
|
13. 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 |
04.11.2003 13.07.2004 |
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 January 2004. At 13 July 2004 meeting, Members
considered report noting additional information and resolved to adopt a
strategy that would accept total of 5 caravans at both sites with others
removed. Two LDC applications have now been made and the enforcement notices
have been withdrawn so appeals fall. Both sites to be monitored in accordance
with agreement to ensure removal of unacceptable caravans. Site visit on 6 October 2004
revealed continued presence of one of the caravans that was to be removed at
Hawthorne Manor Farm with a further caravan that was to be removed from Sheep
Lane Farm also on that site. Fresh
enforcement notices with regards to both structures currently being prepared
for service. |
|
Site |
Details |
Minute/Date |
Notes/Present Position |
|
14. 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 subsequently
resolved. Enforcement Notice served dated
2 June 2004 with effective date of 19 July 2004 and compliance date of 19
October 2004. Appeal submitted. Inspectors decision letter dated
15 December 2004, appeal dismissed.
New compliance date 15 March 2005. Discussions with owner have
resulted in completion of outstanding works to the building. This only leaves the issue relating to the
low wall and the footpath to be resolved. |
|
15. 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
permission. Inspectors decision letter dated
6 September 2004 dismissed the appeal against Enforcement Notice. New compliance date is 6 November 2004. Unauthorised lighting columns
cut down to 1m in height. New
application submitted seeking permission for seven bollard style columns and
this approved 17 January 2005. Site
being monitored to ensure remaining elements of unauthorised columns removed
as current approved scheme implemented. |
|
16. 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. Inspectors
decision letter dated 6 September 2004 dismissed the appeal. New compliance date is 6
December 2004. Site check 7 December 2004,
structure removed, Case Closed. |
|
Site |
Details |
Minute/Date |
Notes/Present Position |
|
|
17. 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 |
Enforcement Notice served dated
13 May 2004 with effective date of 22 June 2004 and compliance date of 22
July 2004. Appeal submitted.
Inspectors decision letter dated 18 January 2005, appeal dismissed. New compliance date 18 February 2005. Site visited, partial compliance, matter
being pursued with operator. |
|
|
18. Victoria Lodge, Castle Haven Lane, Niton
Undercliff, Ventnor |
The details are Enforcement
Action authorised requiring cessation of use of mobile home, its removal from
the land. Time period for compliance twelve months. |
11.05.2004 |
Enforcement Notice served dated
5 July 2004 with effective date of 23 August 2004 and a compliance date of 23
August 2005. Appeal against refusal
of planning permission made on target decision dates March 2005. Appeal against refusal of
planning permission made. Inspectors decision letter dated
22 December 2004 allowing appeal granting three year temporary consent. Inspectors decision letter dated
22 December 2004, planning appeal granted, three year temporary consent. Enforcement Notice ceases to have
effect. Case Closed. |
|
|
19. Cheeks Farm Merstone Lane, Merstone. |
Enforcement Action authorised
against conversion of building to private dwelling and secondly additional works
to outbuildings. Time period for compliance for both notices four months |
11.05.2004 |
Enforcement Notice issued 2
August 2004 with effective date of 16 September and compliance date of 16
January 2005. Appeal submitted. Projected target date for decision end
April 2005. |
|
|
20. OS 0091 & OS 0072 land south of Hulverstone
Lane Hulverstone |
Enforcement Action authorised
seeking removal of stable block, removal of boats and caravan from the land.
Time period for compliance two months. |
11.05.2004 |
Enforcement notice issued dated
23 June 2004 with effective date of 2 August 2004 and a compliance date of 2
October 2004. Appeal submitted 28 July 2004. Projected target date for
decision end March 2005. Planning application submitted, for
retention of building. Application
determined at 15 February 2005 Development Control Committee meeting and
approved. Outstanding enforcement
issues now being chased. |
|
|
21. Carpenters Lane, St Helens |
Enforcement action authorised
relating to the use of land on either side of lane for storage of motor
vehicles. Time period for compliance 3 months. |
11.05.2004 |
Draft enforcement notice being
formulated with Legal. Conflicting
information returned from Land Registry and property owners delayed service. Sides of track cleared of
vehicles removing need for service of notice. LPA clarifying presence of several vehicles and trailers behind
other buildings alongside track. |
|
|
|
||||
|
Site |
Details |
Minute/Date |
Notes/Present Position |
|
|
22. Part OS Parcel 8700 Land
at North Fairlee Farm, Fairlee Road, Newport |
Enforcement action authorised
against use of land and operating centre for taxi business |
21.05.2004 |
Enforcement Notice served dated
5 July 2004 with effective date of 13 August 2004 and compliance date of 13
August 2005. |
|
|
23. Flora Cottage Morton
Road, Brading |
Enforcement action authorised
against formation of vehicular access and further works associated with the creation
of a hardstanding including unauthorised excavations of garden. Time period for compliance 3
months. |
22.06.2004 |
Draft enforcement notice being
formulated with Legal. Planning application submitted
seeking to retain the excavated area which if acceptable could be conditioned
to prohibit any vehicular access. This would remove the need for the service
of any formal notice. Planning application approved
with condition requiring closure of front boundary to road. Breach of Condition Notice dated
8 November 2004 served for failing to comply with condition to build wall
across frontage of site. Householder
failed to undertake works within time limit.
Prosecution statements prepared to pursue matter through Court action,
(see specific section at end of report). |
|
|
24. Timber, The Undercliff Drive, Ventnor |
Enforcement action authorised
against temporary screen on boundary.
Time period for compliance is one month. |
03.08.2004 |
Draft enforcement notice
formalised with Legal. In view of complicated nature of
the boundary feature concerned and questions over the time period when the
structure and its component elements have been in place LPA has taken the
opportunity of contacting adjoining property owners. Their responses will be assessed when
finalising notice. Enforcement Notice served dated
5 January 2005 with an effective date of 16 February 2005 and a compliance
date of 16 March 2005. Appeal lodged
against Enforcement Notice. |
|
|
25. Arthur
Moody Drive, Newport |
Use of private dwelling for the
operation of a taxi service |
03.08.2004 |
Draft notice prepared by Legal. Operator claims LPA relied too
heavily on information from local residents.
Planning contravention notice served on operator giving them the
opportunity of providing information that on return will be assessed. Planning Contravention Notice
returned by householder, information currently being assessed. |
|
|
Site |
Details |
Minute/Date |
Notes/Present Position |
|
|
26. Land opposite
Gore Cemetery, Arreton Cross, Downend Road, Newport |
Enforcement action authorised
against use of land as motocross and use of neighbouring land as temporary
car parking facility. |
26.10.2004 and 28.01.2005 |
Enforcement Notice prepared including
taking Counsel’s view on terminology of the information relating to
Environmental Impact Assessment Regulations.
Enforcement Notice served dated 10 February 2005 with effective date
of 8 March 2005 and a compliance period of six months. (Note Members will be aware of
the decision on 28 January 2005 not to take action against a one-off event
providing s.106 agreement signed.) |
|
|
27. Land adjoining Sandown Airport, Newport
Road, Lake |
Enforcement action authorised
against use of land as contractor’s depot. |
Local Member and Chairman
delegated decision |
Use ceased before Notice could
be issued. Case Closed. |
|
|
28. Cuddles Corner, Roud Manor Farm, Roud, Ventnor |
Enforcement action authorised against
siting of mobile home used as a residential unit. |
Delegated authorisation Local
Member and Chairman |
Draft Enforcement Notice
currently being prepared. |
|
|
29. Chalet, 119 Brambles Chine, Monks Lane, Freshwater |
Enforcement action authorised against
use of holiday chalet as permanent dwelling. |
Delegated authorisation Local
Member and Chairman |
Draft Enforcement Notice
currently being prepared. |
|
|
30. Building plot adjacent to Walkden, Brook House
Estate, Brook |
Enforcement action authorised
against the unauthorised engineering works to bank and unauthorised formation
of hardstanding |
Delegated authorisation Local
Member and Chairman |
Draft Enforcement Notice
currently being prepared. |
|
|
31. Whitwell Methodist Church, High Street, Whitwell |
Enforcement action authorised
against alterations and widening of an access onto a classified road. |
Delegated authorisation Local
Member and Chairman. |
Draft Enforcement Notice
currently being prepared. |
|
|
32. Land rear of Caversham and The Croft, Hooke Hill,
Freshwater |
Enforcement action authorised
against the siting of a mobile home and its use as a residential unit of
accommodation. |
Delegated authorisation Local
Member and Chairman |
Draft Enforcement Notice
currently being prepared. |
|
|
33. Saeter, The Terrace, Chale |
Enforcement action authorised
against siting of mobile home and its use as a residential unit of
accommodation |
Delegated authorisation Local
Member and Chairman |
Draft Enforcement Notice
currently being prepared. |
|
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.
These efforts proved unsuccessful.
In August 2004 LPA contacted by solicitors acting on behalf of
prospective purchaser. LPA advised by
both prospective purchaser and current owner that part of the sales agreement
is for the trailer to be removed. LPA
indicated to prospective purchaser if trailer not removed they will be served
with the notice. Situation currently
being monitored. |
|
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. Site checked 12 July 2004 some
works undertaken owner indicated outstanding matters to be done within two
weeks. Site currently being monitored. |
|
3. 52-58 High Street, Ventnor |
Authorisation given to serve
notice requiring repairs/improvements to appearance of shop front. |
11.05.2004 |
Section 215 Notice served dated 6
July 2004 with effective date of 20 August 2004 and a compliance date of 20
September 2004. Appeal lodged against
notice. See update on court cases. |
|
4. Tarvic 2 Culver Parade, Sandown |
Authorisation given to serve
notice requiring improvements to appearance of front of building. |
24.08.2004 |
Notice served dated 29 October
2004 with an effective date of 9 December 2004 with compliance date of 9
January 2005. Appeal lodged against
Notice. See update on Court cases. |
|
5. 33 Orchard
Road, Shanklin |
Authorisation given to serve
notice requiring repairs/improvements to front of property and garden. |
24.08.2004 |
Notice served dated 19 October
2004, with an effective date of 2 December 2004 and a compliance date of 2 February
2005. Site checked, no
compliance. Direct action being
initiated as remedy. |
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. Local Authority sought access to
the site to investigate if allegation was correct but landowner failed to
respond initially then sought to impose conditions on officers who would
undertake visit. Local Authority prepared
documents to obtain warrant to access property but owner then contacted
Council indicating that a visit could take place. Site visited 7 January 2005.
LPA currently considering information obtained to ascertain if breach
exists and if so best course of action to remedy issue. |
|
2. Brookfield Willows, Ventnor Road, Whitwell |
Court action taken against
failure to comply with Enforcement Notice requiring removal of inert waste
from the land. |
Delegation |
07.05.2004 21.05.2004 04.06.2004 18.06.2004 19.07.2004 26.07.2004 27.08.2004 20.09.2004 26.10.2004 |
None None None None None Not guilty |
Landowner did not attend Court Landowner did not attend Court Landowner attended Court and
requested the case to be considered by the Crown Court Committal Hearing in the
Magistrates’ Court Plea and directions Hearing the
Magistrates’ Court. Landowner did not
attend. Warrant issued. Matter listed for Trial, actual
date to be advised later. Crown Court mention. Mention. Landowner did not attend. Readiness Mention. Date set for trial, 3 days allocated –
9,10,11 November 2004. Trial deferred to allow
defendant to take Solicitor’s advice.
New trial date set at 17, 18, 19 January 2005. On first day of trial, Judge requested LPA
give landowner six months within which to remedy breach and this agreed. New deadline is 17 August 2005. |
|
Site |
Details |
Minute/Date
of Authorisation (where
required) |
Date of
Court Hearing |
Plea |
Outcome |
|
3. 52-58 High Street, Ventnor |
Property owner challenging the service
of the Section 215 Notice which has been served on him and which requires
certain actions to improve the overall appearance of the property. |
11.05.2004 |
29.10.2004 |
|
Trial date set for 14 January
2005. Case deferred until 11 February
2005. On that date, property owner
failed to attend Court or be represented and appeal was judged to be
abandoned. LPA currently considering
best means of resolving matter and also seeking to recover costs.. |
|
4. Land east of Sandown Airport, Newport Road, Sandown |
Court action taken against
failure to comply with Enforcement Notice requiring cessation of use of site
as a trailer and lorry park. |
03.08.2001 |
28.01.2005 11.02.2005 |
|
Operator requested deferment as
unable to attend Court. Defendant requested deferment to
allow new Solicitors to apprise themselves of situation. New Hearing date set for 11 March 2005. |
|
5. 11 Church Road, Binstead, Ryde |
Court action taken against failure
to comply with Breach of Condition Notice requiring formation of an access
strip in the garden of an existing property to allow emergency vehicles to
get within 45 metres of the new property. |
Delegation |
14.01.2005 |
Not guilty |
Case deferred until 30 March
2005. |
|
Site |
Details |
Minute/Date
of Authorisation (where
required) |
Date of
Court Hearing |
Plea |
Outcome |
|
6. Tarvic 2, Culver Parade, Sandown |
Challenge to service of Section 215
Notice which requires work to improve appearance of property. |
24.08.2004 |
|
|
First hearing date of 25
February 2005. |
|
7. Flora Cottage, Morton Road, Brading |
Court action taken against failure
to comply with Breach of Condition Notice requiring formation of boundary
wall. |
Delegation |
04.02.2005 |
|
Immediately prior to attendance
in Court property owner agreed to build wall within eight weeks. On that basis case withdrawn. Fresh proceedings will be initiated if
owner fails to carry out works. |
I have been looking at this document
which has considered a range of performance criteria across 362 Local Planning
Authorities in England. These include
metropolitan districts and also the London Boroughs.
I have not sought to base any
comparisons on the geographical areas or populations concerned but have simply
used the activities of other LPAs compared to our own actions. The first half of 2003/04 represents the
last occasion when the Enforcement Team was at full strength.
The Isle of Wight Council served a
total of 22 Enforcement Notices within this period.
Locally in comparison to the 13
Hampshire districts, this put us third behind East Havant (28) and New Forest
(29).
Nationally there were only 55
other Authorities (including 19 London Boroughs) who served the same number or
more. This puts us within the top
15% nationally.
As will be appreciated this number
is relatively low and the Government figures are only produced on a regional
and national basis. Nationally, 74% of
the notices were upheld and 26% quashed.
Over this period we maintained a 100% success record on the three
appeals that were dealt with.
The Isle of Wight Council served a
total of 39 notices during the period reported.
Locally, this exceeds not only any
other Authority in Hampshire but also exceeds the combined total of all the BCN
notices served by the thirteen Hampshire Authorities.
Nationally, this figure places us second in England
behind Blackburn and Darwin who served 45.
This is a mechanism through which
an LPA can obtain information relating to an alleged breach of planning
control. It is obviously an alternative
to obtaining information by letter or seeking to verify certain information if
the source is considered to be unreliable.
The Isle of Wight Council served
13 PCNs during the survey period.
Locally, 4 Hampshire Authorities
exceed this figure, East Hampshire (54), Eastleigh (18), Hart (65) and
Winchester (26).
Nationally, 92 Local Planning
Authorities equalled or exceeded our figure.
This puts us in the top 25% nationally.