REPORT OF THE HEAD OF PLANNING SERVICES
UPDATE – OUTSTANDING ISLE OF WIGHT COUNCIL ENFORCEMENT ACTIONS
POSITION AS OF 13 NOVEMBER
2003
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 quarterly performance levels this year with last year.
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 two month period September and October 2003. During that time a total of 56 complaints were received of which to date 56% were resolved. Although this figure is below the original target, I trust Members will appreciate that some of those applications received at the latter end of the period under review have not yet passed the eight week deadline. Obviously, as further reports come in front of Committee representing a longer period of time a clearer picture of the performance level will emerge.
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. Obviously, the last quarter October to December is incomplete and should be noted in making any comparison.
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Jan-March |
April-June |
July-Sept |
Oct-Dec |
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118 |
123 |
122 |
95 |
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106 |
147 |
147 |
47 to date |
2002
2003
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Jan-March |
April-June |
July-Sept |
Oct-Dec |
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6 |
11 |
5 |
4 |
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4 |
5 |
3 |
4 to date |
2002
2003
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Jan-March |
April-June |
July-Sept |
Oct-Dec |
|
6 |
4 |
8 |
5 |
|
9 |
23 |
19 |
2 to date |
2002
2003
|
Jan-March |
April-June |
July-Sept |
Oct-Dec |
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3 |
2 |
4 |
5 |
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3 |
1 |
3 |
0 to date |
2002
2003
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 12 August 2003 meeting. At the end of this report I have also referred to the single Section 215 Notice that Members have authorised over the past few months and also the two 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 in April next year. Whilst this is a longer gap than from the last report (August 2003) to the present time it does enable us to get into the more appropriate cycle of reporting immediately after the end of a quarter period.
That
Members note the attached report
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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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 site
secured so Travellers cannot return. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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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 being
gathered and draft statement being produced to form basis of a prosecution
for failing to comply with the requirements of the notice. |
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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 being gathered,
draft statement being produced. Legal requested
statements from the two Officers concerned, these have gone over to Legal
Section. One in its finished form and
the second as a draft. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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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 has commenced clearance of
site. A request has been made for the
LPA to consider retention of pond and cords of wood. This request presently under
consideration. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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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. Draft prosecution
statement for failing to comply with Enforcement Notice currently being
discussed with Legal Section. |
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6. 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. Concrete hardstanding now incorporated into Improved parking
area whilst temporary retention of shed part of current planning
application. Case closed. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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7. 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. Planning Officer
has agreed amendment to roof extension and works undertaken now comply with
that scheme. Enforcement Notice now
complied with 10 September 2003. Case
closed. |
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8. 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. Bund removed,
Enforcement Notice complied with.
Case signed off September 2003.
Case closed. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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9. 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. Planning
application submitted seeking to retain the UPVC windows with indication that
if application refused an appeal will be lodged. |
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10. 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. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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11. 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 and planning application
submitted seeking temporary permission for this use now under consideration. |
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12. 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. |
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13. 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. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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14. 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 . |
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15. 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. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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16. 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. |
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17. 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. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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18. 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. |
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19. 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 still being determined. |
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20. 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. Awaiting
Inspector’s decision. |
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21. 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. No further
indications use continued. Notice
complied with. Case closed. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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22. 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. |
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23. 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 yet to be checked by site visit. |
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24. 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. |
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25. 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 |
Draft Notice
agreed with Legal and shortly to be served. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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26. 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 therefore action
suspended pending determination of appeal. |
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27. 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 |
Draft Notice agreed
with Legal. Service imminent. |
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28. 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 |
Contents of
Notice under discussion with Legal. Planning
application submitted and presently under consideration. |
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29. 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. |
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30. 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 |
Draft Enforcement
Notice agreed with Legal. Service
imminent. |
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215 Notices
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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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 are presently trying to
ascertain individual(s) or company who owns building to ensure any Notice
served on the appropriate party. |
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Site |
Details |
Minute/Date |
Notes/Present
Position |
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1. Three Crowns Public House, High Street,
Cowes |
Members
authorised prosecution under Section 9 of the Planning (Listed Buildings and
Conservation Areas) Act 1990 and/or Section 80 or Section 99 of the Building
Act 1984 for executing or causing to be executed any works in relation to
this Listed building without the appropriate consent. |
10.12.2002 |
Prosecution was
initiated on both the owner of the building and the company. Before entering the court on 1 August 2003
it was agreed that on the basis the prosecution was withdrawn from the
individual concerned but confined to the company and that the matter relating
to the Listed Building legislation was dropped then the company would plead
guilty. At the subsequent Hearing,
the Magistrates fined the company £5,000 for each of the four breaches of the
regulations plus £5,000 costs to the Local Authority. |
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2. Long
Last, Cranmore Avenue, Cranmore, Yarmouth, Isle of Wight |
The Local
Planning Authority proceeds with a prosecution subject to satisfactory
evidence being produced and the prosecution being considered to be in the
public interest based on the original Enforcement Notice that is: a) the continued
use of the mobile home for residential purposes, b) the removal of
the mobile home from the site. |
25.2.2003 |
Following further
investigations prosecution statements were prepared to support action through
the Courts. There have been hearings
at the Newport Magistrates Courts on the following dates: 25 July, 22 August,
16 September and 31 October. At the
16 September 2003 hearing defendant elected for the matter to be dealt with
by the Crown Court. The next hearing
will be at the beginning of December and it will be 2004 before the matter
finally gets heard at Crown Court. |
ANDREW ASHCROFT
Head of Planning
Services