PAPER D

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –

TUESDAY 03 AUGUST 2004

REPORT OF THE HEAD OF PLANNING SERVICES

UPDATE – OUTSTANDING ISLE OF WIGHT COUNCIL ENFORCEMENT ACTIONS

POSITION AS OF 30 JUNE 2004

Officer: Mr S Cornwell Tel: (01983) 823592

Background

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

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

Members will recall that when considering the last report, at the 11 May 2004 Development Control Committee Meeting, it was noted we had achieved a 79% performance target from taking applications from their receipt to a point where a decision was made on how to remedy the breach for the six month period 1 September 2003 to 29 February 2004. The policy target is 80%.

I regret to advise Members that whilst I can report the receipt of 96 complaints in the last quarter due to the ongoing staffing difficulties within the Enforcement Team it has not been possible to calculate the performance figure to include the months of April, May and June. I do however anticipate that in the next Progress Report this matter will have been addressed.

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.

The total number of notices issued in the last quarter was 4. I believe that this reduction in the number of notices is also a reflection of the current staffing difficulties. Members should note however that whilst the number of planning contravention notices issued is recorded at 2, 1 of these was served to each of the 49 properties at Island Harbour, Newport relating to the ongoing investigation at this site.

For Members information, the Enforcement Team went through the last quarter with a complement of 3 members of staff out of 5. A commencement officer has now been recruited and whilst the west area enforcement officer has recently retired (21 July 2004) a replacement for that post has been appointed and will start in September. This leaves one post, the Junior Enforcement Assistant, to be filled.

Jan-March	April-June	July-Sept	Oct-Dec	TOTAL
118	123	122	95	458
106	147	147	108	508
112	96 est.

COMPLAINTS

2002

2003

2004

Jan-March	April-June	July-Sept	Oct-Dec	TOTAL
6	11	5	4	26
4	5	3	6	18
5	2

ENFORCEMENT NOTICES

2002

2003

2004

BREACH OF CONDITION NOTICES

Jan-March	April-June	July-Sept	Oct-Dec	TOTAL
6	4	8	5	23
9	23	19	2	53
5	0

2002

2003

2004

PLANNING CONTRAVENTION NOTICES

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

2002

2003

2004

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

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

It is intended that the next report would come in front of the Committee on 26 October 2004.

Finally, Members will note that the Planning Enforcement Policy, which was adopted on 2 September 2003, will shortly be a year old. It was always intended to be a “living document” to be reviewed and revised to reflect changing circumstances. I would propose that we revisit the document at the 7 December 2004 meeting which gives time for the new powers of the Planning and Compulsory Purchase Act 2004 to be fully assessed.

Recommendation

That Members note the attached report

ANDREW ASHCROFT

Head of Planning Services

SG

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

Site	Details	Minute/Date	Notes/Present Position
1. Land adjacent to Long Lane Plantation, Long Lane, Newport	Enforcement action authorised against residential use of coach, storage of vehicles on land and construction of a building.	5.12.2000	Land divided into multiple plots resulted in delay of issuing Enforcement Notice. Enforcement Notice issued 12 July 2001. Effective date 24 August 2001. Compliance date 24 October 2001. Appeal made against Enforcement Notice on 22 August 2001. Planning Committee agreed to extend compliance period through to 1 May 2002 if applicant withdrew appeal 8 January 2002. Residential use had ceased at this time. Site checked after 1 May 2002, vehicles and building still remain. Potential prosecution statement drafted for Legal. Ownership of individual items on site and land parcels changed making identification of responsible parties more difficult. Following Legal Section contacting new owners coach and number of vehicles moved from their original positions. Site visited by Officer, all the cars have been removed but the coach and the shed remain. The coach (which is not owned by a plot holder) has been moved into a new position. Plot holder indicated he will take measures to get coach and shed removed. Quantity of spoil tipped across centre of site limiting access to upper area. Travellers moved on to lower part of site, one of which has indicated ownership of plot they occupy and this is currently being checked by Legal. Travellers given copy of Enforcement Notice on 11 July 2003 with request that they meet LPA in 10 days time. At meeting Travellers given deadline to vacate site otherwise action to be taken. Travellers vacated site but left behind large van. Coach has been removed but shed remains. LPA currently trying to get remaining structures removed and get site secured so Travellers cannot return. 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.
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.
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 with date for Listed Building Hearing 7 September 2004.

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
8. 34 Mayfield Drive, Newport	Enforcement action authorised against taxi business operating from premises. Time period for compliance 3 months			22.07.2004		Enforcement notice issued dated 11 September 2003 with an effective date of 23 October 2003 and a compliance dated of 23 January 2004. Appeal submitted. Inspectors decision letter date 7 April 2004 dismissed appeal. New compliance date 7 July 2004.
Site		Details	Minute/Date		Notes/Present Position
9. 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
10.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, projected target date for decision 4 January 2005.
11. Medham Village, Medham Farm Lane, off Newport Road, Northwood		Enforcement action authorised. Failure of developer to comply with that part of a planning condition which requires highway works.	19.11.2002 4.11.2003		Following the original Committee resolution in November 2002 discussions took place with the developer and local residents in an attempt to identify an amicable way forward without the need for the service of the Notice. These did not result in any remedy and as a consequence formal Notice served dated 11 September 2003 with the deadline for compliance of 15 January 2004. Appeal submitted against Notice indicating time period given for compliance too short. Further report considered at 4 November 2003 Development Control Committee meeting at which time Committee agreed to extend compliance period from three to twelve months on basis that developer withdraws appeal. Further resolution that Officers be instructed to monitor site over the year, that it will expect full compliance within the allocated time with any failure leading to consideration of action through the Magistrates Court. Letter dated 12 November 2003 from developer confirming appeal withdrawn . New compliance date is 17 October 2004.

Site	Details	Minute/Date	Notes/Present Position
12. 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.
13. Land adjoining The Orchard, Undercliff Drive, St Lawrence, Ventnor	Enforcement action authorised against unauthorised alterations to vehicular access and formation of hardstanding. 2 months to comply.	10.12.2002	At the 27 April 2003 Development Control Committee meeting Members considered a further report on this matter regarding the question of a legal right to use the new access. Unauthorised access not in use and Members gave landowner three months to resolve issue regarding use of new access. Committee to consider position after that time. Matter considered further at 12 August 2003 Development Control Committee meeting. Members resolved to pursue the enforcement action. Enforcement Notice served dated 21 October 2003 with an effective date of 5 December 2003 and with a compliance date of 5 February 2004. Appeal submitted against Enforcement Notice. Enforcement Hearing held 20 April 2004. Inspector’s Decision Letter dated 27 April 2004 dismissed the Appeal and upheld the Notice with variations. New date for compliance 27 June 2004. Site visited Landowner has complied with requirements of notice. Case closed.

Site	Details	Minute/Date	Notes/Present Position
14. 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.
15. Helens Copse, Gate Lane, Freshwater Bay	Enforcement action authorised against presence of two shipping containers on the land. Time period for compliance three months.	14.10.2003	Enforcement Notice issued dated 15 December 2003 with an effective date of 2 February 2004 and a compliance date of 2 May 2004. Appeal submitted before effective date reached. Hearing took place on 18 May 2004. Inspectors decision letter dated 8 June 2004 dismissed appeal. New compliance date is now 8 Sept. 2004
16. 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.
17. 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 before effective date reached. Projected target date for decision 2 March 2005.

Site	Details	Minute/Date	Notes/Present Position
18. 15 Dudley Road, Ventnor	Enforcement action authorised against unauthorised car port. Time period for compliance 28 days from when the Notice takes effect.	25.11.2003	Draft Enforcement Notice prepared. Adjoining householder indicated they will purchase car port which removes concerns with regard to impact on adjoining residential property. Subject to satisfactory confirmation of purchase there will be no need to serve Enforcement Notice. Confirmation of purchase received breach no longer exists, no need to serve notice. Case closed.
19. Isle of Wight Rugby Football Club. Footways, recreation ground, Wootton	Enforcement action authorised against failure to comply with condition limiting height of floodlight cluster. Time period for compliance one month.	25.11.2003	Enforcement Notice issued dated 30 January 2004 with an effective date of 12 March 2004 and a compliance date of 19 March 2004. Compliance to be checked. Site checked for compliance and whilst light cluster slightly above limit considered no further action should be taken. Case closed.
20. 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. Projected target date for Inspector’s appeal decision 13 October 2004.
21. O.S. Parcel 5445, edge of Windgate Copse, Newtown, Isle of Wight	Enforcement action authorised against construction of a wooden building. Time period for compliance is 3 months.	16.12.2003	Enforcement Notice issued dated 19 January 2004 with an effective date of 1 March 2004 and a compliance date of 1 June 2004. Appeal submitted before effective date reached. Projected target date for appeal Inspector’s decision 4 October 2004.
22. Mariners Culver Way, Sandown, Isle of Wight	Enforcement action authorised against construction of a raised decking area and installation of a summerhouse on the decking area. Time period for compliance is 3 months.	5.12.2003	Enforcement Notice issued dated 20 February 2004 with an effective date of 6 April 2004 and a compliance date of 6 July 2004.

Site	Details	Minute/Date	Notes/Present Position
23. 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. Projected target date for decision end January 2005.
24. 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.
25. 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	Draft Enforcement Notice agreed with Legal; service imminent.
26. 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.
27. 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.
28. 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.

Site	Details	Minute/Date	Notes/Present Position
29. 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. Position of planning application to be ascertained immediately prior to service of any notice.

Other Enforcement Matters

215 Notices

Site	Details	Minute/Date	Notes/Present Position
1. Kent House, York Avenue, East Cowes	Authorisation given for the service of a Notice requiring trailer body to be painted a dark/matt green or brown colour. Time period for compliance one month.	1.7.2003	Property in flats. Although requisition for information sent to property this has not been returned and Legal have been trying to ascertain individual(s) or company who owns building to ensure any Notice served on the appropriate party. To date these efforts proved unsuccessful. Legal currently seeking direction on what to do next.
2. Maryland, Colwell Chine Road, Freshwater	Authorisation given for the service of a Notice requiring tidying up of garden to property involving removal of a number of motor vehicles and other items. Time period for compliance one month.	2.3.2004	Section 215 Notice served dated 23 April 2004 with an effective date of 28 May 2004 and a compliance date of 28 June 2004. Site checked 12 July 2004 some works undertaken owner indicated outstanding matters to be done within 2 weeks. Further site visit required 27 July 2004.
3. 9-13 Pier Street, Ventnor	Authorisation given to serve notice requiring replacement of plywood sheet with glass	11.05.2004	Section 215 Notice served dated 18 June 2004 with effective date of 2 August and a compliance date of 2 September 2004
4. 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.