Agenda item

(1)  ROUGH GROUND AND BUILDINGS, QUEEN CHARLTON LANE, QUEEN CHARLTON To consider a recommendation that, having considered the relevant enforcement options available, the Local Planning Authority should seek an Injunction from the Court under S187b of the Town and Country Planning Act 1990 to restrain the breach of planning control and that it is expedient to do so

(2)  43 UPPER OLDFIELD PARK, BATH To consider a recommendation that, after planning permission has been granted, the Enforcement Notice dated 8^th May 2015 is withdrawn

1.  Rough ground and buildings, Queen Charlton Lane, Queen Charlton

The Committee considered

• The report of the Group Manager – Development Management (i) on the unauthorised use of this land for residential purposes which was in breach of planning control; and (ii) which recommended that having considered the relevant enforcement options available, the Local Planning authority should seek an Injunction from the Court under S187B of the 1990 Act to restrain the breach of planning control and that it was expedient to do so
• The Update Report of the Group Manager which provided further information on the matter
• Oral statements by members of the public against and in favour of the recommendation

The Enforcement Officer provided a power point presentation on the matter and informed Members that the word “proposed” should be deleted from the words “The proposed development …” in paragraphs 1-4 under the heading of Expediency of Enforcement Action in the Report.

Councillor Karen Warrington expressed sympathy for the occupiers of the site but considered that this was a breach of planning control. The nearby housing sites had been dealt with in accordance with the Core Strategy and had followed proper process. She therefore moved the Officer recommendation which was seconded by Councillor Bryan Organ.

Members debated the motion. Councillor Paul Crossley considered that the matter needed careful consideration. The land was not always used for residential purposes as this was a touring family and therefore would not cause any lasting harm – there were also health issues and the education of the children to be considered. He felt that the matter should be delayed until the Appeal Inspector’s decision had been received. Councillor Eleanor Jackson referred to the inconsistency on the Committee’s decisions with other similar sites involving travellers. She could not support the motion which she considered to be premature. Councillor Rob Appleyard considered that this was a non-aggressive occupation and felt that the matter should be delayed until the outcome of the appeal. The Team Manager referred to the Update Report and the Government’s policy for traveller sites. He stated that this was inappropriate development in the Green Belt and emphasised that it needed to be protected, hence the Officer’s approach and recommended course of action.

The Chairman referred to the long history of the situation at this site and the duty to local residents and the Green Belt. He put the motion to the vote.

RESOLVED that, having considered the relevant enforcement options available, the Local Planning Authority should seek an Injunction from the Court under S187B of the 1990 Act to restrain the breach of planning control and that it is expedient to do so.

2. No 43 Upper Oldfield Park, Bath

The Committee considered

• The report of the Group Manager – Development Management (i) on the position regarding the extant Enforcement Notice in the light of the Committee’s decision at its last meeting to grant planning permission for a revised scheme; and (ii) which recommended that, after planning permission was granted, the Enforcement Notice dated 8^th May 2015 be withdrawn
• The Update Report of the Group Manager which provided further information in the light of a recent decision of the High Court and now recommended consideration of 2 options
• An oral statement by the owner/developer

The Case Officer reported on the matter and on further representations received. The Principal Solicitor reported on the legal position as regards the extant Enforcement notice, the recent decision of the High Court and the options available to the Committee.

Members asked questions for clarification to which Officers responded. Members discussed the matter. Councillor Les Kew considered that the work needed to be finished and done properly. A further Enforcement Notice could be served at a later date, if necessary. He therefore moved Option 1 as set out in the Update Report which was seconded by Councillor Jasper Becker.

Members debated the motion and generally considered that it would be better to give the developer the opportunity to complete the development as now approved.

The motion was put to the vote and was carried 9 votes in favour and 1 against.

RESOLVED to withdraw the current Enforcement Notice.