URGENT BUSINESS

 

 

REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION – 3 SEPTEMBER 2004

 

USE OF LAND AS TEMPORARY CAR PARKING FACILITY, LAND OPPOSITE GORE CEMETERY SOUTH EAST OF ARRETON CROFT DOWN END ROAD, NEWPORT

 

Summary

 

To consider how the local planning authority should respond to the use of the above site as a temporary car park to serve the Robin Hill music event (Bestival) for the weekend of 10-12th September 2004.

 

Background

 

Members will be aware of this site which was the subject of a report considered at the 24th August 2004 Development Control Committee meeting with regards to its use in connection with a launch event in mid-late October 2004.  At that meeting Members where mindful of the absence of any consent relating to this site and resolved to invite an application to cover the event.  The launch event was the subject of discussions between the local planning authority and the motocross organisation who are tenants of the site which is owned by a local farmer.  On Wednesday 25th August 2004, the planning office became aware that the site is to be used as a car parking facility for the three-day bestival. 

 

The information that I have obtained indicates that the site could accommodate approximately 5000 cars and that people would be bussed to and from the event site.

 

As Members will recall from the recent report this land carries with it at the present time no planning permission and by virtue of the engineering works that have taken place it holds no permitted development rights.  Accordingly, it’s use for three days as a car parking facility would require the formal consent of the local planning authority.

 

For Members information, I have been advised by the licensing officer that he only became aware of the intention to use this site on Wednesday 25th August 2004.  I have however been advised by the traffic section in Highways that they have been in discussions for a number of weeks and that the intended use of this site was brought up some three to four weeks ago.  In their view this site has certain advantages for the operation of a park and ride service and the notices have appeared in the County Press which are required to reduce the national speed limit in front if the site to cover both the intended motocross event on the 5th September and the three-day Bestival. 

 

I have also held a meeting with the landowner and tenant.  This has been followed up with a letter.  They indicate that the approach to use the site came from the event organisers at the suggestion of Highways.  Accordingly they assumed the necessary consent had been acquired.  They have also pointed out that they do not wish this event to “blight” their position with the Council and would if necessary withhold consent for the use of the site.

 

Options

 

  1. To note the information outlined above and to recognise that whilst the use of the site as a car park on 10 – 12 September 2004 is a breach of planning control, to resolve not to take any enforcement action regarding this matter on the basis that a significant highway safety problem would be likely to result if the site were not used. 

 

  1. To immediately serve an enforcement notice and stop notice requiring that the site is not used for any purpose and require the reinstatement of the ground back to its original contours.  Time period for compliance two weeks.

 

  1. To report back to the Planning Committee at the 26 October 2004 Development Control Committee meeting on the situation regarding the anticipated submission of the planning application and if not received, to consider how the Local Planning Authority should respond to the situation.

 

  1. To note the information outlined above and whilst accepting that it would not be appropriate for the Local Planning Authority to take immediate enforcement action against the car parking use, to authorise officers to serve an enforcement notice that would take effect after the October event with regard to the use of this site for non-agricultural purposes and require the reinstatement of the ground back to its original contours.  Time period for compliance of one month.

 

Financial Implications

 

None unless a stop notice is served in which case if an appeal were successful then there could be a claim for costs.

 

Conclusion

 

The site has no extant planning permission and whilst it would normally carry with it certain permitted development rights, these have been lost due to the engineering works which give an indication of permanence.  I believe Members must consider an immediate response to the proposed use as a car park and also consider the longer-term situation.

 

Immediate Response

 

In the short term, responding to the use of the site by the Bestival I can only see two immediate options. These are firstly, to indicate to the landowner that the site should not be used as a car park. The council could reinforce this view by the immediate service of an enforcement notice and stop notice. Should the organisers of the event not find an alternative car parking facility this may call in to question whether the event takes place at all or alternatively results in a significant car-parking problem on the local road system. 

 

If a stop notice were served with a subsequent enforcement notice being appealed and then allowed, the council would run the risk of a claim for costs.

 

The second option is to note the situation but to indicate that the council will not take any immediate enforcement action against the use of the site over the weekend of 10-12th September.  In that context, it must be acknowledged that the site does hold certain benefits in being used as a park & ride facility. The clear benefits of this option would be that it would remove the concern relating to any authorised parking on the local road system. Regretfully, this approach would reinforce the view held by certain parties that the local authority is not exercising any planning controls over the use of this site.

 

Neither of the options outlined above are particularly satisfactory. However, of the two I am more inclined to give precedence to the concerns relating to highway safety, and on that basis I will propose that we note the situation but take no immediate enforcement action against the use of the site over the weekend of 10-12th September (Option 1).

 

Long Term Response

 

In the longer term, I believe that Members should consider whether it would be appropriate to take any measures against the use of this site.  At the present time the land reprofiling that has taken place which has resulted in the formation of the track and the levelled areas at the south of the track does not have the benefit of planning consent. Since the International event held in May the site has not be used and there has been an informal understanding between the local authority and the developer that the site would not be used before the submission and determination of the planning application we were expecting. To date the operator of the motocross has kept to this agreement and Members will be aware that he is making an application with regards to the motocross launch event which is to be held in mid-late October. On the basis that the committee have invited an application for that event I believe there is a certain expectation that the site in its present form would be available for that use at that particular time.  I would not therefore suggest that the council proceeds along any course of action that would alter the site before that date. 

 

Taken on face value that the information received by the local planning authority is correct then the current situation with regards to the use of the site in connection with the Bestival has not been generated by the siteowner or operator.  Members have therefore got to consider whether these individuals should be penalised in any way for a situation which developed as a result of an initiative beyond their control. Whilst I recognise that as the owner of the site there is a certain responsibility on them ensuring that any proposed use is authorised I believe that the greater burden must rest on the organisers of the Bestival event itself.  It must also be acknowledged that the Highway Section has encouraged the use of this site.

 

Notwithstanding the above the recent situation has highlighted the difficult situation which the local planning authority now finds itself in. 

 

Meetings have been held with the motocross organisers relating to the submission of a further planning application, which would involve the submission of an environmental impact statement. The latest information we have received indicates that the application would be submitted by mid to late September 2004.  Previous indications of a submission date have been made but not materialised.  If an application is submitted by mid September as a major proposal, a determination period of 13 weeks would take us through to the first week in January 2005.  Any slippage in the submission date would push the determination back accordingly.

 

Recent events have indicated that the Local Planning Authority cannot let the situation persist indefinitely.  In that context, I have identified two options that Members could consider with regard to actions in the long term.  These are firstly to authorise officers to serve an enforcement notice that would take effect after the October event or secondly to await the submission of the planning application and review the matter at the 26 October 2004 Development Control Committee meeting.  Whilst the service of an enforcement notice would give a strong indication that the Council is not prepared to let the matter drift, it does have the disadvantage at the present time of locking the Council into a series of actions, which, if the application is delayed for any reason, would cause further complications.  Taking this factor into consideration I believe that, on the basis the site operators have kept to the informal understanding that it would not be used other than on agreed date, the Council should wait and review the situation at the end of October, deciding at that time, if an application is not submitted, how we should respond.  Accordingly, I would suggest that Members also adopt option 3 which is outlined above.

 

In coming to this conclusion consideration has been given to the right set out in Article 8 (right to privacy) and Article 1 of the first protocol (right to peaceful enjoyment of possession) of the European Convention on Human Rights.  The impact of the use of the land on the surrounding area and other third parties has been carefully considered.  Whilst there would be some interference with the rights of the landowner, this has to be balanced with the wider public interest. The proposed recommendations are considered to be a proportionate response to the unauthorised use of this site. 

 

Recommendation

 

1.         To note the information outlined above and to recognise that whilst the use of the site as a car park on 10 – 12 September 2004 is a breach of planning control, to resolve not to take any enforcement action regarding this matter on the basis that a significant highway safety problem would be likely to result if the site were not used. 

 

3.         To report back to the Planning Committee at the 26 October 2004 Development Control Committee meeting on the situation regarding the anticipated submission of the planning application and if not received, to consider how the Local Planning Authority should respond to the situation.

 

 

 

 

 

Contact Point:  S Cornwell, Enforcement Team Leader      

Tel:  (01983) 823592

 

 

 

ANDREW ASHCROFT

Head of Planning Services