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Development Control Committee
Title: Enforcement Update Report
th Date: 30 October 2012
Author: Planning Manager
Contact officer: Richard Jenkins – 01296 387377
Electoral divisions affected: All
Recommendation: The Planning Development Control Committee is invited to ENDORSE the actions set out below for the respective sites and to AUTHORISE actions where specifically requested.
Resources Appraisal: Enforcement of waste and minerals sites is labour intensive and involves a significant amount of PACS and Legal Services officers’ time, particularly in legally complex cases where there are appeals and prosecutions or frequent monitoring is required. Sites have to be prioritised generally following the principles set out in the authority’s Planning Enforcement Policy agreed at the 27 April 2004 Committee meeting.
BACKGROUND PAPERS
Enforcement Policy - 27 April 2004 Development Control Committee Report
SUPPORTING INFORMATION
1. The following summary of enforcement cases is set out in district and chronological order. The number after each site name refers to its current enforcement priority, (I) being top priority and (III) lowest priority.
AYLESBURY VALE
Riverside Farm, Pitchcott (II)
Issue:
2. The ongoing importation, deposit, disposal and burning of waste including construction waste and green waste on agricultural land.
Actions Taken:
3. An Enforcement Notice was served prohibiting the unauthorised use of the land, and requiring the remediation of the land affected. Direct Action was taken to remove the waste and restore the land in compliance with the Enforcement Notice. The landowner was prosecuted for breaching the Enforcement Notice. Further reports of ongoing breaches are still being received. Repayments of the costs awarded during the prosecution of the landowner, and the costs associated with taking Direct Action (which together totals over £30,000) are ongoing. However at current repayment rates full recovery of the costs would take over 100 years. Therefore, officers have applied to the Courts to combine both debts as a Land Charge, and thereafter take ownership of the land and prepare it for sale, which may include the removal of more waste from the site. The Council will then be able to recover the costs it is owed from the sale of the land, with the landowners receiving the remainder.
Future Actions:
4. It is expected that the Land Charge will be in place by mid-November, with the preparation and sale of the land taking place thereafter. Officers are also liaising with the District Council as they are taking action against the landowners for separate offences.
Rowden Farm, Mentmore (I)
Issue:
5. The importation of approximately 55,000 cubic metres of construction and demolition waste, and waste soils to agricultural land and a former compound area.
Actions Taken:
6. An Enforcement Notice was served as the landowner failed to regularise the unauthorised importation of a large quantity of waste following protracted negotiations. The Notice was appealed on the ground that the time given to comply was too short but the appeal was withdrawn following further negotiation, with the period for compliance extended. A planning application for the retention of the waste and utilising it in the creation of a nature reserve was refused, with the refusal appealed. The appeal was dismissed by the Planning Inspectorate.
7. The landowner submitted a further planning application for the temporary storage of the waste for three years, but this was also refused. The Committee requested during the previous Enforcement Update Report that officers continue to negotiate a resolution to this matter and an update be provided at this Committee meeting.
8. Since that meeting, officers have continued dialogue with the landowner to attempt to seek a resolution to this matter. This culminated in a meeting between officers and the landowner and his planning and landscape advisors. At this meeting, the landowner explained his strategy for regularising the matter. He explained that an application will be made to the District Council to vary the conditions of an extant permission relating to agricultural buildings on the land, for the retention of part of the material as a screening bund. A separate application will be made for the use of part of the material as a water management facility. The remainder of the waste will be removed over the next four years.
9. The landowner was tasked with progressing these applications with the District Council in a timely fashion, and to report on progress to County Council officers. Since the meeting, the landowner has not been in contact.
Future Actions:
10. Officers have been requested to attend a Parish Council meeting to explain the County Council’s position on this matter as they have been extensively lobbied by the landowner. An officer will attend the next meeting, to set out the Council’s position in full. Officers will also continue to liaise with the landowner to ensure the required planning applications are made in a suitable timescale.
11. The Committee has authorised a criminal investigation into the beach of the Enforcement Notice, with a view to prosecuting the landowner. However, the Committee has also signalled it’s preference to resolve this matter without the use of further legal action. The Committee is invited to provide officers with a steer on future actions should these applications not be forthcoming, or should the applications be unsuccessful.
Chiltern View Nursery, Weston Turville (III)
Issue:
12. The commencement of a development without the prior submission and approval of details and schemes required by conditions attached to a planning consent.
Actions Taken:
13. Officers have undertaken extensive negotiations with the operator and his agent, which have resulted in the submission of the details and schemes required, and also supplementary information to assist assessment of these. The information has been sent out for consultation with the relevant consultees.
Future Actions:
14. Should the consultees approve of the submissions, officers will discharge the conditions they relate to. In this circumstance there will be no need to take further action. Should the submissions not be approved, officers will liaise with the operator and his agent to ensure appropriate details and schemes are submitted within a reasonable timeframe. Should this not occur, officers will need to consider the expediency of further enforcement action.
Land opposite Poundon House, Poundon (II)
Issue:
15. The importation of waste to agricultural land for the purposes of burning to heat a residential property.
Actions Taken:
16. The complainant has been contacted and at his request a meeting has been arranged to discuss the alleged breach of planning control.
Future Actions:
17. The site will be inspected to substantiate the allegation. If a breach of planning control is identified, the landowner will be contacted and officers will commence negotiations to regularise it.
Resolved:
Bourton Road, Buckingham
18. The importation of soils to this agricultural land for the backfilling of test-trenches dug for archaeological purposes was found to be de minimis due to the scale and duration of the development, and the suitability of the material for the purpose it was being used.
Bailey’s Farm, Grendon Underwood
19. The importation of construction waste to renovate a hardstanding on agricultural land was found to be permitted development. The case was referred to the District Council for their investigation as the landowner had not given the required prior notification.
Denham Brook Farm, Pitchcott
20. It was alleged that green waste was being imported to this agricultural holding for disposal by burning. However, it was found that the waste was being imported for composting, with that product being used on the farmland. Green waste had been collected from around the holding and burned. Neither of these activities were found to be breaches of planning control.
CHILTERN
Brockhurst Brickfield, Lye Green (II)
Issue:
21. The ongoing breach of an Enforcement Notice requiring the removal of unauthorised imported and deposited waste from a former quarry and landfill site.
Actions Taken:
22. The Enforcement Notice required the removal of the waste that was imported and deposited at the site without planning permission. It was not complied with and therefore officers pursued prosecution proceedings. On legal advice, at the court hearing, a Section 106 agreement was signed under which the landowner committed to removing the waste, thus avoiding the hearing.
Future Actions:
23. Officers will inspect the site to ensure compliance with the Section 106 agreement. If it has not been complied with, officers will consider the expediency of further legal action.
Warren Farm, Chalfont St Peter (I)
Issue:
24. Non-compliance with a Section 106 agreement to restore the site, including the over- tipping of waste.
Actions Taken:
25. Planning permission for the working and filling of the site lapsed, and so the operators entered into a Section 106 agreement to allow them to finish the works and restore the site. A number of requirements of this agreement were breached and in particular the finished levels of the site were much higher than were permitted, which has been demonstrated by a site survey. Officers have commenced prosecution proceedings.
Future Actions:
26. Officers will continue to work with Legal Services colleagues to progress this matter to court. Communications with the operator are still open, allowing them to approach officers to resolve this matter outside of court, but they have not so far.
Mop End Farm, Mop End (II)
Issue:
27. The importation, processing, burning and disposal of waste on agricultural land.
Actions Taken:
28. Protracted negotiations with the landowner have resulted in a reduction in the intensity of the unauthorised use of the site, although it persists on a smaller scale. Investigations have been combined with the District Council’s Environmental Health team and the Environment Agency. The Environment Agency are leading on the case, and are pursuing a prosecution of the landowner for offences under the Environmental Protection Act.
Future Actions:
29. Officers will explore the possibility and expediency of serving an Enforcement Notice for the cessation of the operation whilst the Environment Agency take their own action.
Froghall, Chalfont St Giles (II)
Issue:
30. Non compliance with the restoration requirements of a planning consent which has now lapsed.
Actions Taken:
31. As no resolution to this matter was forthcoming from the landowner, an Enforcement Notice was served requiring the restoration of the site in accordance with the planning consent, and this was not complied with in the given timescale. However, a Local Member requested officers meet with the landowner to negotiate a resolution to the matter, and the Council’s ecologist has visited the site to establish the most appropriate methods for restoration. This led to the submission of a scheme to regularise issues at the site, although it did not cover the whole of the area affected.
Future Actions:
32. The landowner has requested a further site meeting to establish what further works are required to be undertaken to regularise all breaches of planning control at the site. This will be undertaken prior to the Committee meeting, and a timescale for achieving regularisation set. A verbal update will therefore be given at the Committee meeting.
Crossleigh Kennels, Chalfont St Giles (II)
Issue:
33. Importation of waste materials to a former brick-clay field to level the land and create soakaways.
Actions Taken:
34. Officers met with the landowner following complaints about waste importation. He undertook to apply for planning permission to regularise the situation. The landowner’s agent has submitted two applications; however, officers were unable to validate these due to a lack of details. Officers recently met with the landowner and his agent and discussed exactly what would be required in the application. The landowner has been set a deadline for submitting a regularising application, which will lapse prior to the Committee meeting.
Future Actions:
35. A verbal update of the situation will be given at the Committee meeting. However, if the deadline for submitting the application is missed, formal enforcement action requiring removal of the imported waste will be considered. If an application is submitted, officers will await the outcome of this prior to deciding on a course of action.
Skipping’s Farm, Chalfont St Peter (II)
Issue:
36. The importation and disposal of construction waste on agricultural land.
Actions Taken:
37. Officers attended the site but could find no clear breach of planning control.
Future Actions:
38. The landowner will be contacted and asked to accompany officers around the entire landholding to ensure there is no breach of planning control occurring.
Spurlands End Farm, Great Kingshill (II)
Issue:
39. The burning of waste at an authorised waste transfer station.
Actions Taken:
40. As this was recently reported, no action has yet been taken.
Future Actions:
41. Officers will contact the landowner and take all necessary steps to secure the cessation of the burning of waste at the site.
Resolved:
Chipstead Farm Bungalow, Chalfont St Giles
42. The imported waste materials that were being stored on this agricultural land have now been removed, apart from a small amount of hardcore which is reasonable for use for agricultural purposes. The breach of planning control has therefore been resolved.
Bramble Lane, Amersham
43. It was determined that the use of the site as a landscaping business with importation and storage of soils was an established use. The operators have therefore been written to and the permitted use of the site set out.
Bloomfield, Coleshill
44. The storage of builders waste at this residential property was found to be connected to the use of the site as a builder’s yard, whilst there is the ongoing renovation of the property. The matter is therefore being addressed by the District Council.
High Mead, Bellingdon
45. It was reported that this property was being used as a waste transfer station. However, investigations showed that it was in fact being used as a builder’s yard, and as such the District Council officers are addressing this issue.
SOUTH BUCKS
Court Lane, Richings Park (III)
Issue:
46. Breach of an Enforcement Notice requiring the removal of a deposit of unauthorised waste.
Actions Taken:
47. The Notice was served in 1996. Part of the site, owned by Thames Water, was cleared. However, the majority of the site was owned by another party who absconded. The Council were unable to track down the landowner and as a result the site was left for a number of years. Further enforcement action was not pursued.
48. A company who would like to purchase the land for use as green waste processing operation has now contacted the Council. They are liaising with the Environment Agency to see what their requirements for remediating the site will be, and have undertaken site investigations. Once they have considered their options, they will submit a scheme of works to the Council for our consideration. We shall then be able to assess whether it is expedient to relax the notice to allow the company to undertake remedial works on the site. They have also stated their intention of securing the site from further unauthorised tipping.
Future Actions:
49. Officers will continue to liaise with the interested company and the Environment Agency to facilitate the remediation of the site.
The Orchards, Iver (II)
Issue:
50. The importation and deposition of mixed waste at a residential property.
Actions Taken:
51. Officers secured the removal of the majority of waste from the land. The landowner has undertaken to remove the remainder prior to the Committee meeting. A verbal update of the situation will be given.
Future Actions:
52. Officers will revisit the site to ensure that the remainder of the waste has been removed.
Gladwin’s Nursery, Bakers Wood (III)
Issue:
53. The importation and storage of builders waste in woodland.
Actions Taken:
54. A number of breaches of planning control have been identified at the site, most of which are District Matters. District Council officers are pursuing the regularisation of all of these breaches. The issue of waste importation and storage has been considered ancillary to the use of the site as a builder’s yard, and therefore they are seeking regularisation of this breach as well.
Future Actions:
55. Officers will continue to work with District Council officers to regularise the unauthorised importation and storage of waste.
Thorney Sidings, Richings Park (II)
Issue:
56. Operation of the site in breach of the Certificate of Lawful Use allowing the site, which is operational railway land, to be used to facilitate the movement of goods (including waste) by rail.
Actions Taken:
57. The operators are permitted to import waste by road, store that waste and remove it by rail. Conversely, they are permitted to import waste by rail, store that waste and remove it by road. However, they have been importing waste by road, processing it, and also removing it by road. An Enforcement Notice and Stop Notice were served, and have now been complied with. A pre-application meeting with the operators concerning a potential application to regularise this unauthorised use of the site has also been held.
Future Actions:
58. Officers will continue to monitor the site and if a breach of the Notices is found, appropriate action will be taken, as already authorised by the Committee. Officers will also continue to liaise with the operators to facilitate the submission of a planning application, should they wish to pursue this.
Orchard Herbs, Dorney (III)
Issue:
59. The extraction of minerals from agricultural land.
Actions Taken:
60. Part of this site is used as a ground contractor’s yard. The landowners state that they have extracted gravel to make concrete which will be used for the yard. Officers have investigated with District Council colleagues to ensure no breaches of planning control occur in these works.
Future Actions:
61. The extraction of minerals would only be a breach of minerals planning control if it is exported from the site. Officers will continue to monitor the situation, and take the appropriate action should a breach occur.
The French Horn, Gerrards Cross (III)
Issue:
62. The importation and storage of waste on land within the C2 (Residential Institutions) use class.
Actions Taken:
63. The landowner has explained that the site has planning permission as a residential care home, which has not yet been constructed. The pub which used to stand there has been demolished, with that waste still to be removed, although this does not constitute a breach of planning control. The remainder of the waste has been flytipped and the landowner has stated that it will be removed when the site is developed.
Future Actions:
64. Officers will continue to monitor the site to ensure the waste is removed when construction begins.
Brynawelon Farm, Iver (III)
Issue:
65. The excavation of a void on agricultural land.
Actions Taken:
66. Whilst this is not a breach of planning control, local residents have voiced concerns that the landowner may fill the void with waste and bury it. These concerns are compounded by the positioning of two skips adjacent to the void. The landowner explained that the void was created through the removal of some waste on the site, which is a former landfill.
Future Actions:
67. Officers will continue to monitor the site to ensure that no waste is buried in the void.
White Lodge, Iver (II)
Issue:
68. The operation of a waste transfer station on agricultural and equestrian land.
Actions Taken:
69. Having been to the site, it is not clear where the alleged operation is taking place.
Future Actions:
70. Officers will contact the Local Member to obtain further details of the location of the operation.
Resolved:
Snitterfield Farm, Wexham
71. The vast majority of the waste that was imported and deposited on this agricultural land has now been removed. What remains is causing no harm and the matter is now regarded as de minimis .
Dudley Wharf, Iver
72. A waste water pipe has been installed to discharge from a travellers site into the adjacent highway. This was found not to be a breach of planning control, however the matter was forwarded to the District Council’s Environmental Health Officer and the Environment Agency for their consideration.
Wood Lane Farm, Iver
73. Various breaches of planning control were reported to be taking place on this mixed use site, including its use as a waste transfer station. Investigation showed the site was being used for the parking of refuse vehicles, but not the transfer of waste, and therefore the District Council are investigating the matter.
WYCOMBE
Westhorpe Farm, Little Marlow (I)
Issue:
74. The ongoing breach of an Injunction requiring the removal of approximately 60,000 cubic metres of unauthorised construction waste.
Actions Taken:
75. The waste was imported in 2010 to an area permitted for concrete crushing by an enforcement notice served in 1998. A Temporary Stop Notice was served and a High Court Injunction obtained prohibiting further tipping. A Mandatory Injunction was later granted requiring the removal of the waste. The landowner convinced the Court to extend the deadline for compliance, although this was not complied with.
76. The landowner was summonsed for a committal hearing at the High Court for a contempt of court charge as he had not complied with the Injunction. However, the judge found that the landowner had not wilfully breached the terms of the Injunction as he did not have the means to comply with it, and therefore that the landowner was not guilty. This has left the Council in a very difficult position, with the Injunction still being breached, but the landowner not guilty of such.
77. Other avenues of investigation are being pursued. However, officers recently took the opportunity to interview the landowner under caution in relation to this, and another incident of tipping at Westhorpe Park (see paragraph 91). The landowner stated his intention to remove the waste, although to do so, would need to obtain planning permission to allow the processing of material on the site prior to removal. A pre- application meeting has been arranged to take place prior to the Committee hearing, and so a verbal update will be given.
Future Actions:
78. Officers will continue to pursue the regularisation of this matter, through facilitating the landowner in making an application for suitable remedial works, and through following alternative lines of enquiry.
Green Barn Farm, Marlow Road (II)
Issue:
79. Unauthorised use of land as a waste transfer station.
Actions Taken:
80. Initial negotiations did not lead to the resolution of the matter, and therefore an Enforcement Notice was served requiring the cessation of the unauthorised development. The Notice was upheld with variations at an appeal inquiry. There remains several skips of waste on the site, in breach of the Notice, although the majority of works required by the Notice have been completed. At a site meeting, the operators undertook to remove these skips. A pre-application meeting has also taken place, to assist the operators in submitting a planning application to permit the use of the land as a waste transfer station.
Future Actions:
81. Officers will continue to facilitate the submission of a planning application, should the operators wish to progress in that way. A further site inspection will be carried out to ensure the operators have fully complied with the Notice.
South of The Gate Public House, Bryants Bottom (III)
Issue:
82. The importation and deposition of builders waste onto agricultural land.
Actions Taken:
83. A local builder has been using this land to store waste collected during jobs. It is a very small-scale operation, but is causing growing local concern. The land does not have a registered landowner. However, the Parish Council and Local Member have presented information to officers suggesting who it might be. These individuals have been contacted, although those who have responded have said that they do not own the land.
Future Actions:
84. Officers do not have the resources to undertake much more investigation into the landownership of the site. Given the scale of the breach, it is a low priority. However, should the activity intensify, officers will reassign the priority, and investigate further.
Marsh Crossing, Stoke Mandeville (II)
Issue:
85. The importation and deposition of construction waste onto agricultural land.
Actions Taken:
86. The landowner and his planning agent have stated they wish to apply for planning permission to retain the waste on the site, but they have been informed by officers that such an application would be contrary to policy.
Future Actions:
87. Officers will continue to negotiate with the landowner to secure a resolution to the breach. However, if no resolution can be reached, officers will consider the expediency of enforcement action.
Little Farm, Saunderton Lee (II)
Issue:
88. The importation and processing of green waste.
Actions Taken:
89. Part of this site benefits from a Certificate of Lawful Use issued by the District Council for the processing of green waste. A planning application to expand this operation was made following an enforcement investigation several years ago, but was not approved. The operation was then moved back into the permitted area. It now appears that the operation has expanded out of that area again.
Future Actions:
90. Officers will contact the landowner and initiate negotiation to regularise this breach of planning control. If the landowner does not seek an acceptable resolution to this matter in a satisfactory timescale, officers will consider the expediency of formal enforcement action.
Wycombe Park, Little Marlow (I)
Issue:
91. The importation and deposit of approximately 15,000 to 20,000 cubic metres of construction waste to form a security bund on agricultural land.
Actions Taken:
92. This land is owned by the same company who own Westhorpe Farm. It transpires that the director of the landowning company had discussions about such a development with
the District Council in 2009, and was told that it would require planning permission. Heth then informed the District Council of his intention to commence the operation on 10 August 2012. The District responded that he should not, and should first seek planning permission. Officers were then informed by a local resident six weeks later, after the majority of the tipping had taken place. Officers liaised with the District Council and it was decided that the development is a County Matter.
93. The landowner was interviewed under caution and he undertook to cease works and make a regularising planning application. However, works continued and so officers served a Temporary Stop Notice prohibiting the works for 28 days. The landowner then submitted a planning application to the District Council, although they informed him that the County Council was the relevant authority. Works have now ceased.
Future Actions:
94. Officers have arranged a pre-application meeting with the landowner, which will take place prior to the Committee meeting. A verbal update will be given. However, should the works recommence in breach of the Temporary Stop Notice, this would constitute a criminal offence. Furthermore, should the landowner not submit a planning application in a suitable timescale, or should permission not be granted, it may be necessary to issue an enforcement notice requiring the removal of the waste, and the restoration of the land. I therefore ask the Committee to:
AUTHORISE a criminal investigation, if necessary, into any breach of the Temporary Stop Notice and the subsequent prosecution of the landowner if a breach is found;
and,
AUTHORISE the service of an Enforcement Notice, if necessary, requiring the removal of the unauthorised waste deposit and the restoration of the land, the subsequent criminal investigation into any breach of that Notice, and the prosecution of the landowner if a breach is found.
Resolved:
Summerleys Farm, Princes Risborough
95. The breaches of conditions at this authorised waste transfer station have been regularised and the site is now operating in accordance with the planning consent. Officers will continue to monitor the site in accordance with the Council’s site monitoring strategy.