Report No 1001/07

ANGUS COUNCIL

DEVELOPMENT STANDARDS COMMITTEE 23 OCTOBER 2007

SUBJECT: ENFORCEMENT UPDATE

REPORT BY DIRECTOR OF INFRASTRUCTURE SERVICES

Abstract: This report describes the work and workload of the Enforcement Officers of the Planning & Transport Service over the period 1 October 2004 to 30 September 2007. It also provides an update on potential enforcement cases and an update on progress of current enforcement cases undertaken by the Planning & Transport Division.

1 RECOMMENDATION

1.1 It is recommended that the Committee note the contents of this report.

2 INTRODUCTION

2.1 The Service has two Enforcement Officers, whose role is essentially to resolve and/or avoid potential conflict between existing and proposed land use activities. Both Officers work closely together as there are many instances where corroboration is required.

2.2 The main function of Planning Enforcement is to respond to complaints from the general public and other bodies in relation to potential breaches of planning. The Town & Country Planning (General permitted Development) (Scotland) Order 1992 grants planning permission to certain specified classes of development. Any other type of development not granted by this dispensation is likely to require an application for planning permission. Unfortunately this is not always sought, or is sought and granted subject to conditions which are not always adhered to. In such cases the Planning Authority has a general discretion to seek compliance with the above order and if unsuccessful to take enforcement action to remedy the planning breach, if it considers such action to be appropriate.

2.3 Complaints to the Enforcement Officers usually take the form of developments not progressing in accordance with approved consent, developments underway which do not have the benefit of consent, and properties where an alleged change of use has occurred. Other common complaints concern allegations of businesses being run from home, and concerns over derelict and abandoned land and properties affecting the residential amenity of the general area.

3 WORKLOAD

3.1 With regard to Planning Enforcement for the period 1 October 2004 to 30 September 2007 the number of complaints received are as indicated below.

Dates No. of Enforcement Dates No of Enforcement Cases Cases 01/10/04 to 31/03/05 87 01/04/05 to 30/09/05 98 01/10/05 to 31/03/06 101 01/04/06 to 30/09/06 124 01/10/06 to 31/03/07 86 01/04/07 to 30/09/07 162 2 Report No 1001/07

4 POTENTIAL ENFORCEMENT CASES

Woodlands Caravan Park: Application ref. Nos. 04/01141/OUT and 05/01819/REM unauthorised felling of trees at the former Woodlands Caravan Park, Newton Road,

4.1 Outline planning permission for the erection of a single stream primary school at Woodlands Caravan Park, Newton Road, Carnoustie was granted on 10 March 2005 subject to conditions, inter alia:-

“That as part of the detailed plans a plan be provided showing a comprehensive scheme of landscaping, including where appropriate, an indication of all existing trees and hedgerows on land and details of these to be retained or cleared together with the measures for their protection in the course of the development. As part of condition 8 provision shall be made for the planting of at least one tree for every tree which is removed.”

4.2 On 16 March 2006, a reserved matters application for the erection of a new primary school on land at Woodlands Caravan Park, Newton Road, Carnoustie was approved once more subject to conditions, inter alia:-

“That prior to the commencement of the development a plan be provided showing a comprehensive scheme of landscaping, including where appropriate, an indication of existing trees and hedgerows on the land and details of those to be retained or cleared together with the measures for their protection in the course of the development. As part of this condition provision shall be made for the planting of at least one tree for every tree which is removed.” and

“That no alterations or amendments be made to the details contained in the approved and docqueted plans unless so indicated by conditions attached to this consent or agreed in writing with the Planning Authority.”

4.3 On 21 September 2007, a letter was received from Mackie Ramsay Taylor, Architects indicating that a ground level tree survey had been undertaken on the site and that it identified that 7 trees would require to be felled on safety grounds but further trees would be planted in place of each tree removed.

4.4 On contacting Robertson Construction’s site foreman at Newton Road to arrange a site inspection, members of the Planning Service were informed on 1 October 2007 that the trees had already been felled without approval.

4.5 In view of the fact that it had been brought to the attention that bats, which are a protected species are known to frequent this area, SNH were contacted on 2 October 2007 regarding this issue. In response to that communication SNH indicated that they were aware that bats did frequent the area and indicated that SNH have correspondence re the bats at Woodlands Primary School. At that time SNH provided a copy of the SEERAD licence for the destruction of the two Beech trees known to contain bats and indicated that an Ecological Survey in 2006 only found two trees with bats in them.

4.6 The matter of the unauthorised tree felling and the resultant impact on the bats is being investigated.

4.7 The outcome of these investigations and recommended action will be reported to the Committee at a later date. 3 Report No 1001/07

Land at Dorward House, Montrose: Application ref. No. 06/00494/OUT and 06/01787/REM potential breach of archaeological conditions on land at Dorward House, Montrose

4.8 Outline planning ref. 06/00494/OUT for the erection of a residential development on the former walled garden site at Dorward House was approved in July 2006.

Condition No. 19 on the outline planning approval stated:-

“That the developer shall afford access at all reasonable times to an archaeological organisation acceptable to the planning authority and shall allow them to carry out an archaeological watching brief during development work to record and recover items of interest on finds. Notification of the commencement date, information as to whom the planning authority should contact on site and the name of the archaeological organisation retained by the developer shall be given to the planning authority in writing not less than 14 days before development commences.”

4.9 A reserved matters application, ref. 06/01787/REM for the erection of three dwellinghouses (reapplication) was approved in February 2007. The reserved matters approval included a condition No. 3 which indicated:-

“That the conditions contained in planning permission notice 06/00494/OUT dated 14 July 2006 in respect of Outline Planning Permission for the erection of three dwellinghouses (re-application) at Site North of Dorward House, Warrack Terrace, Montrose remain in full force and effect and also apply to the development hereby permitted except only insofar as expressly modified by condition(s) attached to this planning permission notice.”

4.10 On Monday 1 October 2007, a neighbour / adjoining proprietor notified this Service that the ground levels had been raised as a result of works undertaken by the developer to prepare the site for development. A B Roger & Young were notified in writing on 2 October of a number of outstanding suspensive conditions which require to be addressed and advised to cease works on site. A site inspection took place on Wednesday 3 October and confirmed the site had been cleared and levelled in preparation for construction work. The agent was subsequently to appoint an archaeologist to inspect the site and the remaining soil heap.

4.11 Given that there has clearly been a breach of the conditions imposed on the outline planning permission, a Planning Contravention Notice under Section 125 of the Act is likely to be served on the developer, Craigallan Homes.

4.12 A report is being prepared by SUAT the findings of which and recommendation regarding any further action will be reported to the Committee at a later date.

4.13 The outcome of these investigations and recommended action will be reported to Committee at a later date.

5 UPDATE OF CURRENT CASES

5.1 An update on Enforcement case matters where the Development Standards Committee have agreed to initiate Enforcement proceedings is provided for each meeting of the Development Standards Committee. The table format of the current caseload is attached.

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6 FINANCIAL IMPLICATIONS

6.1 There are no financial implications.

7 HUMAN RIGHTS IMPLICATIONS

7.1 There are no human rights implications attached to this report.

8 CONCLUSION

8.1 In order to keep the Committee informed of progress in respect of enforcement case matters an updated report will be prepared for each Development Standards Committee meeting.

NOTE

No background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973, (other than any containing confidential or exempt information) were relied on to any material extent in preparing the above Report.

P&T/SF/RMcN/IAL 16 October 2007

Eric S. Lowson Director of Infrastructure Services 5 Report No 1001/07

APPENDIX 1 CURRENT ENFORCEMENT CASES

Date of Reference Address Development Details of Breach/ Summary of Action Future Action/Update Number Control Complaint Committee 04/00007 The Steadings, 29.09.2005 Excessive amount of New Enforcement and Amenity Work on complying with the Amenity Notice Reswallie Mains vehicles on site Notices were served by hand and Enforcement Notice is underway. At the delivery on 11 January 2006. time of writing 14 hobby vehicles, 5 family vehicles and a JCB remain on site. Details of additional screening to be submitted by 18 October 2007.

07/00028 5 Lochbank Gardens, 19.04.2007 Five Large storage Planning Contravention Notice The five containers were removed from the site containers have been was served on owners of plot on 26 September 2007. left on this plot site for on 15 August 2007 giving 21 Discussions are taking place with the applicant over a year. days to reply. concerning the future use of the site.

02/00149 1 Broomwell Gardens, 05.10.05 Untidy state of land Direct Action site clearance Weekly site visits are being carried out to surrounding property operation commenced on monitor the position. 23 April and ceased on 10 Mr. & Mrs. A. Ewart and Mr. Q. J. Ewart were May. informed by the Head of Finance on 21 August Monitoring of site to continue 2007 that their account was well overdue. in order to ensure compliance They were also informed that their debt had with Notice served. been passed to the Council’s Law & Administration Division which will result in Court Action being taken to recover the amount due. A letter has been sent to the Ewarts from the Head of Law & Administration requesting payment of £16,146.69. To date no payment has been made and as such the matter has been passed to Solicitors for a Court Action to be raised.

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Date of Reference Address Development Details of Breach/ Summary of Action Future Action/Update Number Control Complaint Committee 06/00084 Land at Caldhame 07.12.06 Potential breach of Meeting held on 26 March Appeal site visit was carried out on 20 July Gardens, planning conditions 2007 with representative from 2007 to which the appellant lost his appeal. regarding this Caldhame Gardens A report is being prepared outlining the options application Management Committee and that the Committee may consider. officials from Angus Council’s Planning & Transport Division.

04/00802 Land at Alma Place, 07.12.06 Erection of an The Committee have given Enforcement Notice to be prepared and served Bucklershead, by unauthorised fence. instruction that the fencing on the owner of the land. Kellas Breach of Condition 11 which surrounds the infrastructure is to comply with the planning permission which was granted for the development.

03/01570 Land at Brechin Road, 11.01.07 Allegations that certain Report was submitted to the Aerial photographs and maps have been Tayock, Montrose plots are bigger than Committee on 11 January received from SNH and preliminary originally approved and 2007 where they agreed to investigations are underway in order to other unauthorised allow further investigations. ascertain the need for Enforcement Action. works have taken place Meeting to take place on 30 October between Scottish Wildlife Trust and the Planning Service.

06/01540 Former Seaforth Hotel, 15.03.2007 Storage of all the rubble The Committee have Applicant has submitted an appeal to the on site after the hotel requested that the rubble Scottish Executive in respect of planning fire should all be removed from application 06/01540/FUL. Any decision on the this site now. potential Enforcement Action is suspended prior to the outcome of the appeal. Awaiting appeal decision.

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Date of Reference Address Development Details of Breach/ Summary of Action Future Action/Update Number Control Complaint Committee 07/00018 26-27 High Street, 31.05.2007 Disrepair of building Report submitted to Conservation Officer has obtained a budget within Conservation Development Control cost for the works involved which is £12,000. Area Committee on 31 May 2007 at Letter has been sent to the Solicitor who is which it was agreed that acting for the owner of the building informing of Enforcement Action be taken the Council’s Intentions.

06/00210 112-114 Murray 04.09.2007 Unauthorised Committee have requested Letter received from Solicitors in Glasgow Street, Montrose installation of UPVC that owner be written to stating that premises have now been sold and windows and door regarding the existing that the new owners take up ownership on advertisement sign on shop 9 November 2007. front The new owners have given an undertaking that they are to be removing the UPVC windows and installing new ones which are acceptable to the Council. Deadline to be set once the missives are concluded on Friday 9 November 2007.

07/00206 Site North of Dorward 23.09.2007 Breach of planning Ground works have Developer has been requested to cease works House, Warrack conditions commenced on site before on this site. Terrace, Montrose specific planning conditions Enforcement action pending. have been discharged