Agenda item

The Committee considered a report by the Group Manager (Development Management) on various enforcement matters.

Item No. 1

Reference: 09/00168/UNAUTH

Site Location: Rough Ground and Buildings, Queen Charlton Lane, Queen Charlton – Without planning permission the unauthorised use of the land for residential purposes.  The use of the land is in breach of planning control.

The Case Officer reported on the matter and his recommendation to continue with injunction proceedings.  The report set out the changes to the personal circumstances of the applicants since the decision of the Development Management Committee on 21 October 2015 to authorise the issue of injunction proceedings.  He explained that the Council works with organisations to provide educational support and to assist with making short term arrangements for education provision as necessary.  The Parish Council were in favour of continuing to pursue enforcement action.

The registered speakers spoke in favour of allowing the use of the land to continue and against injunction proceedings.

Councillor Crossley moved that the Council take no action until March 2017 pending the Court decision on this injunction.  This was seconded by Councillor Appleyard.

The Senior Legal Advisor explained that due to injunction proceedings having been started by the Council, and with that a court timetable to comply with, the Committee should decide either to continue with the injunction or to discontinue the action.  A suspension of action would not work in the current situation.  It was noted that a Public Inquiry in relation to refused planning application 14/01379/FUL had been held in October 2016 and a decision from the Planning Inspectorate was due by 5 December 2016.  If the planning appeal was successful and planning permission granted by the Planning Inspector then the injunction proceedings were very likely to halt.

Councillor Jackson felt that proceedings should be stopped due to the right of the applicant to a stable family life.  This would be difficult if the family were forced to live on the roadside.  She stated that enforcement action was at the discretion of the Council and that human rights considerations should be taken into account.

Councillor Crossley then withdrew his original motion with the consent of his seconder and moved that the injunction proceedings be discontinued.  This was seconded by Councillor Jackson.

Councillor Kew stated that it had taken many years to reach this point and that the injunction proceedings should go ahead due to the unauthorised use of the land and unlawful occupation of a greenfield site.  Although this was a difficult case it was important to follow Council policy.

The motion was then put to the vote and there were 4 votes in favour and 6 votes against.  The motion was therefore LOST.

Councillor Kew then moved that the Council proceed with injunction proceedings for the reasons set out in the officer recommendation.  This was seconded by Councillor Organ.

The motion was put to the vote and it was RESOLVED by 6 votes in favour and 4 votes against to continue to pursue the injunction as previously resolved by the Committee on 21 October 2015 to restrain the breach of planning control.

Item No. 2

Application No. 06/0009/UNDEV

Site Location: Stowey Nursery, Folly Lane, Stowey, BS39 4DW – Unauthorised building

The Case Officer reported on the matter and his recommendation to take direct action to resolve the breach of planning control.  The breach had been continuing for 6 years and was harmful to the greenbelt.  A conviction had been secured for non-compliance with the requirements of the enforcement notice.

The registered speaker spoke against direct action being taken.

Councillor Jackson asked what action had been taken between 2010 and 2015.  Officers confirmed that there had been dialogue during this time but that it had since tailed off.  It was accepted that there had been some time delay.

Councillor Kew noted that this case had been ongoing for a long period of time and any issues mentioned by the registered speaker at this meeting would have already been considered.  He felt that enforcement action should be taken in line with the Council’s policy.  He then moved the recommendation set out in the officer report.  This was seconded by Councillor Appleyard.

The motion was then put to the vote and it was RESOLVED unanimously to delegate authority to the Group Manager – Development Management, in consultation with the Head of Legal and Democratic Services to:

·  Exercise the powers of the authority under S178 of the Town and Country Planning Act 1990 to enter the Land and take the steps required by the Notice; and

·  Exercise any powers of the authority to recover the expenses of doing so.