AGENDA ITEM 7

Chichester District Council

Planning Committee

Wednesday 24 July 2013

Schedule of Outstanding Contraventions

1 This report presents the schedule of outstanding planning enforcement contraventions. The report updates the position on those contraventions included on the previous schedule and those cases that have since been authorised up to 30 June 2013. It is not a full list of enforcement cases. Please note that from 1 April 2012 all new complaints within the National Park are being registered on the National Park (SDNP) system. Those complaints received prior to 31 March 2012 will remain on the District Council (CDC) system until the file is closed.

Statistics as at 30 June 2013

2 Case Numbers CDC SDNP cases SDNP cases Total (included in CDC (on SDNP figures but remaining system) on CDC system until closed) On hand as at last 323 48 74 397 report: Cases received since 129 0 53 182 last report: Cases closed since last 95 12 42 137 report: Current number of cases 357 36 85 442 on hand:

3 Breakdown by Year

Breakdown of the outstanding cases are as follows:

Outstanding cases logged Pre- Enforcement Strategy (pre 2009) 44 Outstanding cases logged in 2010 38 Outstanding cases logged in 2011 62 Outstanding cases logged in 2012 (CDC System) 91 Outstanding cases logged in 2012 (SDNP System) 27 Outstanding cases logged in 2013 (CDC System) 122 Outstanding cases logged in 2013 (SDNP System) 58

4 Performance Indicators Financial Year 2013-2014 CDC Area Only

a Acknowledge complaints within 5 days of receipt 92 %

b Time taken to initial visit from date of complaint:

Low within 20 days (76 cases) 95% Medium within 10 days (40 cases) 95% High with 2 days (one case) 100%

c Time taken to notify complainants of action decided from date of complaint:

Low within 35 days (65 cases) 98% Medium within 20 days (33 cases) 97% High within 9 days (one cases) 100%

d Notices served within 10 days of authorisation (10 Cases) 100% between 01.04.13 to 30.06.13

5 Performance Indicators have not been made available for cases within the South Downs National Park

6 Notices Served

01 April – 30 June Total in FY 2013-2014 Notices Served CDC SDNP CDC SDNP Enforcement Notices 14 2 14 2 Breach of Condition Notices 2 2 Stop Notices Temporary Stop Notices Section 215 Notices 2 2 High Hedge Remedial Notices Tree Replacement Notice Total 18 2 18 2

7 If members have any specific questions on individual cases, these should be directed to the contact officer Shona Archer (Enforcement Manager) on 01243 534547 OUTSTANDING CONTRAVENTIONS – SOUTH DOWNS NATIONAL PARK

CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice CON1950 Bignor Park Mobile Home and shed 24.06.92 EN issued - Mobile Home [MH] CONMHC Nursery Bignor Court hearing - 08.11.04. Prosecuted for non-compliance and Road Bury fined £6,400. 92/01950/ 16.06.10 – MH on the land. CON Owner interviewed under caution. Letter sent 19.11.10 BY/97/00627/ requesting removal of the mobile home by 31.03.11. ECOUNP 03.08.11 - mobile home not removed. 16.08.11 – Prosecution paperwork to Legal. 22.11.12 – committee agreed to allow a further 6 months in which to comply with the Enforcement Notice. 03.06.13 – site visit. Mobile home still in situ. Owner states Intention to make an application to retain MH in connection with horticultural nursery. 12.07.13 – prosecution paperwork sent to Legal Services. CON1950 Bignor Park Use of building as 29.09.05 EN issued for removal of green shed. CONMHC Nursery Bignor single dwellinghouse After two public inquiries, appeal dismissed BY/97/00058/ Road Bury 11.04.13 & 03.06.13 – site visits confirmed building no longer CONMHC being used as residential accommodation. Officers seeking BY/97/00627/ compliance with regard to removing fixtures and fittings from ECOUNP the building. Further site visit planned in July.

SDNP/12/00182/ Bignor Park Construction of 29.10.12 EN BY/18 issued UNAWKS Nursery vehicular access by the Compliance date 10.03.13 Bignor Park Road removal of the 21.03.13 – site visit showed remedial work not carried out. BY Bignor hedgerow and the 11.04.13 – site meeting to discuss compliance; deposit and 03.06.13 – site inspection completed. Access blocked up but compaction of further remedial work required. hardcore.

CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice EL/SDNP/ Round Barrow Without planning 03.04.13 EN EL/5 issued 00109/ Woolavington permission engineering Appeal in progress – Written Representation UNAWKS Down works that include the Beechwood Lane creation of earth bunds West

EL/10/00712/ Popple Meadow Without planning 18.12.12 EN EL/4 issued EBCNP permission erection of Appeal in progress – Written Representation brick piers, wing walls and entrance gates GU28 0QF

EL/10/00712/ Popple Meadow Without planning 25.10.12 – instruction forwarded to Legal Services EBCNP Graffham permission erection of 03.01.13 – Draft notice returned to LS Petworth a dwellinghouse 14.01.13 – Negotiation with Agent and Parish Council West Sussex 12.3.13 Final warning sent to agent GU28 0QF Planning application SDNP/13/01674/FUL – to re-landscape front of house and remove steps- decision pending

EL/10/00712/ Popple Meadow Breach of condition 5 25.10.12 – instruction forwarded to Legal Services EBCNP Graffham of planning permission 03.01.13 – Draft notice returned to LS Petworth 07/0334/FUL – site 14.01.13 – Negotiation with Agent and Parish Council West Sussex levels 12.3.13 Final warning sent to agent GU28 0QF Planning application – SDNP/13/01674/FUL to re-landscape front of house and remove steps - decision pending

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice ES/11/00308/ Land at Rother Untidy Land 06.12.11 S 215 Notice issued. Compliance date 17.04.12 EACCNP Farm 13.07.12 – Appeal Hearing at Worthing Magistrates Court: Fitzhall Road 1. Notice upheld on the basis that the materials placed on the land do affect its amenity; 2. The period for compliance with the notice is extended GU29 0JS to 6 months after the determination of the prior approval application by the Council. The materials must either be used in the Development within that time or, if the application is refused, removed. 3. Costs were awarded in the Council’s favour in the sum of £1433.70 – £1,320 in respect of legal costs and £113.70 of investigation costs. 30.11.12 - SDNP/12/01381/AGA permitted. New compliance date – 01.06.13 01.06.13 - site visit confirmed non-compliance. Letter before action sent to contravener. 02.07.13 – site meeting with landowner the outcome of which is to proceed to prosecution.

ES/SDNP/13/ Land Adjoining Old Breach of condition 2 12.03.13 BCN EN ES/6 issued 00020/ENGOP Pipers of planning permission Appeal lodged – Public Inquiry 25 & 26 Sept 2013 (WSCC Ingrams Lane 02/01686/DOM – track Richmond Room) and hardstanding

CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice FH/08/00347/ Land at Without planning 24.11.11 EN FH/19 issued EDWENP Brackenwood permission change of 18.07.12 - Appeal dismissed. Telegraph Hill use for the land to 07.12.12 – Leave to appeal to the High Court refused. Midhurst stationing of a mobile New compliance date –18.01.13 GU29 0BN home for the purposes 16.10.12 – Letter from the appellant requesting the LPA vary of human habitation the notice. 10.01.13 – site visit to check occupation of the timber log cabin. Still in breach. Informed agent LPA would be commencing prosecution proceedings. 13.02.13 – application received for certificate of proposed lawful development (SDNP/13/00702/LDP). If approved and implemented this would address the steps required in the notice. Await determination of this application.

FH/11/00487/ Land at Change of use of the 11.02.13 EN FH/22 EAGRNP Brackenwood land to a mixed use Appeal lodged – Public Inquiry 31.07.13 (Committee Room 1) FH/10/00140/ Telegraph Hill comprising of cancelled – date to be rearranged. ESHNP Midhurst equestrian use and 11.06.13 - application for retention of the operational GU29 0BN agriculture, namely the development refused (SDNP/13/1290/FUL). keeping and training S78 appeal lodged. Conjoined appeal scheduled for public polo ponies inquiry to be held on 15-17 October 2013.

FH/11/00487/ Land at Construction of 11.04.13 EN FH/23 EAGRNP Brackenwood buildings, horse walker Appeal lodged – Public Inquiry 31.07.13 (Committee Room 1) FH/10/00140/ Telegraph Hill fencing, hardstanding, cancelled – date to be rearranged. See above ESHNP Midhurst trailer ramp, access GU29 0BN track, parking area and exercise track. CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice FH/10/00560/ Land North East of Change of use of the 05.12.12 EN FH/20 issued EENGNP Court Farm land for the stationing Appeal in progress – Written Representations; Miggs Lane of a mobile log cabin Awaiting date for PINS site visit. for the purposes of GU27 3EZ human habitation.

FH/10/00560/ Land North East of Erection of a 05.12.12 EN FH/21 issued EENGNP Court Farm dwellinghouse in the Appeal in progress – Written Representation; Miggs Lane approximate position Awaiting date for PINS site visit Fernhurst shown on the attached GU27 3EZ plan.

FU/06/00297/ 1 Tower View Use for the stationing 23.06.10 EN FU/47 issued - Compliance date of 04.02.11 EMHCNP Nursery of a mobile home for 17.03.11 – site visit revealed non-compliance. West Ashling Road the purposes of human 06.04.11 - Letter sent prior to prosecution proceedings. Hambrook habitation and use of 28.07.11 – owner attended interview under caution. part of a building for 22.09.11 – Investigation of personal circumstances. Chichester residential purposes 17.10.11 – requested site visit to view inside buildings PO18 8UD and; Use for the 01.11.11 – LPA contacted by agent reviewing the case storage of disused 10.01.12- site visit – mobile home no longer used as lorries, vans, cars and residential accommodation but the former farm shop in use as a touring caravan. a dwelling. EN does not deal with this use. ELD application made claiming use as a dwellinghouse has existed for four years or more. Application invalid and returned on 10.04.12 . 12.05.12 – application 12/02253/ELD made – awaiting determination.

CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice FU/07/00481/ Little Oak Nursery Without planning 21.06.10 EN FU/46 issued EMHCNP Land on the East permission the use of a Appeal dismissed and the Enforcement Notice upheld Side of building as a single 22.9.11 - The owner is in contact with the Council about his Scant Road East dwellinghouse housing needs Funtington 23.11.11 – legal opinion - more time should be given whilst occupier looks for alternative accommodation 9.1.12 – letter sent to occupier requesting update on his personal circumstances and accommodation search. 21.5.12 – meeting with occupier. The owners served notice to vacate the premises by 5th January. 31.1.13 Interview under caution carried out. 19.04.13 – Site visit found that the notice has been complied with. Remove from next contravention list.

FU/08/00230/ The Old Post Office Untidy building and 04.02.11 S215 Notice issued EWSTNP Southbrook Road land 22.12.11 – Notice of intention to undertake works in default West Ashling served. Chichester 12.03.12 – Works in compliance commenced. West Sussex 19.06.12 – works partially complete. PO18 8DN 11.10.12 - No further works undertaken 18.02.13 – Approval received from SDNP to prosecute 25.03.13 – Authority given to commence prosecution. 10.06.13 – Court Hearing – defendant failed to appear. 06.08.13 – Relisted Court Hearing – request to Court to convict in defendants absence.

CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice HT/09/00546/ Three Cornered Without planning 17.12.09 EN HT/17 issued. Appeal hearing held on 25.05.10. ETRVNP Piece permission, change of Case recovered by Secretary of State. Decision issued Hollow use of the land to the 09.12.10. Appeal dismissed. Compliance by 9.12.11 to Road stationing of two remove caravans and 9.1.12 to disconnect services. East Harting mobile homes and one 14.12.11 – Legal instructed to prosecute against breach of the caravan for the Injunction Order. purposes of human 12.1.12 – County Court Hearing – adjourned for full committal habitation and the use trial in February 2012. Further engineering works carried out - of a stable block sewage treatment plant, widening of the access track, laying building for ancillary of concrete base and further road scalpings. residential purposes 19.03.12 –application 12/00088/FULNP for two concrete bases refused and appeal dismissed. 04.09.12 to hear the evidence in full. Case part heard. To be continued on 09.11.12. 21.6.12 - High Court substantive hearing into the challenge by the appellants of the Secretary of State’s [SoS] decision 16.08.12 the High Court dismissed the appeal. One year to vacate the land and comply with the requirements of the notice. 03.09.12 application made to Court of Appeal to appeal this decision. 20.4.13 - Judgement was handed down in Portsmouth CC The defendants were found guilty and the application to vary the Order was Refused. Committal for 28 days suspended in terms of them complying with the enforcement notice on 16.8.13 and clearing the site by 16.9.13. Failure to do so will result in a warrant for committal being executed. They are also charged with paying the Councils costs. Application 13/01979/FUL for use as a traveller site and retention of hardstanding pending decision

CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice LG/10/00365/ Old Mill Farm Without planning 13.10.10 EN LG/10 issued - Appeal dismissed. ECOMNP Mill Lane permission change of 27.05.11 – partial compliance achieved. use of existing farm 09.11.11 – S16 received and prosecution papers reviewed. Petworth buildings to joinery 07.12.11 – Applications to retain access and extensions to West Sussex workshop and timber dutch barn (11/03609 and 11/03610/FULNP) refused. GU28 9ER storage and formation 22.12.11 –re-commence prosecution proceedings. of a new vehicular 20.02.12 and 13.03.12 – Interviews under caution conducted . access and 22.03.12 - appeals lodged against LPA refusals on (11/03609 hardsurfaced access and 11/03610/FULNP). Appeals dismissed. track from Mill Lane 19.09.12 –agreement to carry out remedial works. 23.01.13 – letter form LPA setting out remedial steps required. 12.07.13 - prosecution papers forwarded to Legal Services

ML/07/00444/ 2 Great Trippett Change of use of 27.05.10 EN ML/21 issued EHHNP Cottages agricultural land to Public Inquiry held 08.03.11. Enforcement Notice upheld with Rake Road garden land, formation variations and corrections. New compliance date 24.06.11 of a hardstanding and 13.7.11 - Letter requesting full compliance with the notice. erection of a timber 12.09.11 – Site visit showed non-compliance with notice - shed Letter before action sent prior to prosecution proceedings. 22.12.11 – Site inspection revealed partial compliance Papers to be prepared for prosecution. 06.01.12 – email from agent re nature of the steps required /compliance with the notice. 18.12.12 - case under review by officers & SDNPA. 14.01.13 – officers consider that satisfactorily works have been undertaken to overcome harm. 08.07.13 – delegated authority given to close file. Remove from next contravention list

CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice ML/11/00059/ Great Trippetts Construction of a 29.01.08 EN ML/18 issued. Appeal dismissed & EN upheld. EENFNP Rake Road tennis court on 24.06.10 High Court challenge succeeded. Decision letter Milland agricultural land. quashed. Secretary of State’s appeal to Court of Appeal led to the reinstatement of the enforcement notice. New compliance date: 26.07.11 16.12.11 – planning application refused for change of use of land to residential garden. 12.06.12 - Appeal allowed change of use to garden 27.07.12 –Compliance with Enforcement notice sought 03.12.12 – application SDNP/12/03119/FUL to retain tennis court - awaiting determination.

NC/10/00648/ Land West of Breach of condition 18.08.11 BCN NC/12 issued EBCNP Road notice – no caravan, Action on BCN suspended following agreement that a new chattel or structure or application would be made to site a MH on the land. building placed or erected on the land

RG/08/00214/ Land at Brick Kiln Breach of Condition 3 17.08.09 BCN RG/31 EAGRNP Copse Farm, Bull – all other buildings on Site inspection revealed partial compliance with the BCN. Hill, the land should be Planning permission granted for the repositioning of 3 animal removed on shelters [Ref: RG/10/05179/FUL]. construction of the Site visit to be undertaken w/c 15 July 2013 to carry out metal framed building compliance check

OUTSTANDING CONTRAVENTIONS – COUNCIL CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice AP/12/00291/ Land North West of Without planning 17.12.12 EN AP/4 issued CONREC Chichester Marina permission the use of Appeal in progress – Written Representation land for tented Awaiting Decision Chichester camping/activity camp

BI/12/00209/ Cherry West Without planning 03.07.12 EN BI/19 issued CONENF Meadow (known as permission the change Compliance date 14.02.13 Cowdray Nursery) of use of the land to the 28.06.13 - Appeal decision issued – appeal upheld, Lane stationing of a mobile Enforcement Notice quashed and planning permission Birdham home for the purposes granted. PO20 7QW of human habitation Remove from next contravention list and storage of a touring caravan.

BI/12/00256/ Longmeadow Breach of condition – 01.05.13 BCN BI/20 issued CONBC Main Road out of hours operation Compliance date 29.05.13 Birdham No evidence of a continuing breach. PO20 7HS Remove from next contravention list

BO/12/00452/ West Winds Untidy Land 16.04.13 Section 215 notice S215/15 issued CONWST Station Road Compliance date 28.08.13 PO18 8NG

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice BX/11/00276/ Land West of Without planning 13.06.13 EN BX/9 issued CONMHC Oakwood Livery permission change of Compliance date 25.01.14 Yard use of the land to the Tinwood Lane stationing of a mobile home for the purposes PO18 0NE of human habitation.

CC/10/00688/ Waterside Bar Without planning 03.03.11 EN CC/92 issued. Compliance date 14.07.11 CONENF 9 Stockbridge permission, the 06.09.11 – Fence reduced in height but remains in breach Road erection of a timber 10.10.11 – ownership of site changed. Chichester fence to the western 17.4.12 - owner advised of the risk of prosecution West Sussex boundary of the 29.10.12 - no works undertaken to comply PO19 8DT premises 22.02.12 – Prosecution papers forwarded to Legal Services. 12.04.13 – Authority received to commence prosecution. 11.09.13 – Court Hearing, Worthing;

CC/11/00472/ 14 The Avenue High Hedge 27.02.12 HHRN - HH/17 issued CONHI Chichester Compliance date 27.03.13 PO19 5PU Notification received that the trees have been reduced in height. Remove from next contravention list

CC/11/00395/ H Horton And Son Change of use of Unit 5 15.03.13 EN CC/102 issued CONCOU Limited from B1 to Class B2 04.07.13 – Compliance check carried out, no evidence of Melbourne Road breach. . Chichester Remove from next contravention list PO19 7ND

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice CC/11/00530/ Trents Erection of clear glazed 13.02.12 EN CC/96 issued CONENF 50 South Street panelled walls and a 26.05.12. Site visit confirmed non Chichester tarpaulin roof 27.06.12 – Owner stated intention to submit an application for PO19 1DS Lawful Development Certificate concerning the jumbrellas 05.11.12 - HB Adviser - objects to the glazed screens 01.04.13 - Application for jumbrellas and glass barrier separating pub garden from public access not submitted. 5.7.13 – Enforcement manager to review the case and report findings to legal with a view to either prosecuting for noncompliance or recommending that the case be closed as not expedient to take further action.

CC/12/00377/ Land West of Use of land for the 01.07.13 EN CC/108 issued CONCOU 1 Kings Avenue storage of building Compliance date 12.11.13 Chichester materials and a metal PO19 8EA container

CC/12/00181/ Jasmine House Change of use of the 04.12.12 EN CC/99 issued CONCOM 26A-28 The Hornet land to a mixed use for Compliance date 15.04.13 Chichester use as a take away and 29.04.13 – Site visit completed. Notice complied with PO19 7JG shop and for residential Remove from next contravention list accommodation

CC/11/00149/ Masala Lounge The attachment of an 11.01.13 LBEN CC/100 issued CONADV 14 Southgate advertisement banner Compliance date 22.04.13 Chichester to the front elevation of 5.7.13 - Prosecution papers to be prepared. PO19 1ES the Building

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice CC/12/00373/ Clinton Cards Without Listed Building 11.02.13 LBEN CC/103 issued CONADV 14 - 15 East Street Consent, the Compliance date 25.05.13 Chichester attachment of tree Application 13/00671/ADV submitted – refused. West Sussex prefabricated Application 13/00821/LBC returned invalid PO19 1HE advertisement boards 8.7.13 – owners informed that failure to remove the sign may to the shop fascia result in prosecution

CC/12/00312/ 79 East Street Unauthorised 05.04.13 LBEN CC/104 issued CONADV Chichester advertisement attached Compliance date 17.07.13 PO19 1HL to fascia of a Grade II Notice complied with Listed Building Remove from next contravention list

CC/12/00022/ 92A East Street Attachment of 26.03.13 LBEN CC/105 issued CONADV Chichester projecting lettering and Compliance date 07.06.13 PO19 1HA logo to elevation of the Notice complied with premises Remove from next contravention list

CH/12/00268/ Long Acres Without planning 27.03.13 EN CH/39 issued CONHH Drift Lane permission the erection Compliance date 08.08.13 Bosham of a brick boundary wall 25.03.13 - planning application made for retention of the PO18 8PR adjacent to a highway boundary wall (CH/13/00653/DOM) awaiting determination. in excess of 1m in height

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice CH/07/00003/ Pond Farm Use of land for the 31.07.07 A County Court Injunction dated 10th January 2008 governs CONDWE Newells Lane stationing of caravans, operations and uses on the Site [Pond Farm]. West Ashling motor vehicles, West Sussex storage, leisure 12-14 Oct 2011 – public inquiry purposes and Permanent planning permission granted for Plot A and a 3 development of year planning permission granted for Plot B Plots A and B structures and now removed from the Injunction proceedings residential Remove from next contravention list accommodation Plot C2 A And C2 B –12/01282/FUL refused 14.5.12 - Change of use of land to a Gypsy Transit site to provide settled accommodation for a temporary period of three years. Also Plot F - 12/01266/FUL - Full application for permanent retention of a single pitch Gypsy site including stationing of one mobile home to provide settled accommodation. Refused 15.05.12. Joint Public Inquiry 11/12 Jun 13. Adjourned and to be continued 22/23 Oct 2013

• Plot J - 12/00458/COU - Change of use of land to a private gypsy and traveller caravan site comprising one mobile home and associated works. Refused 15.05.12. Public Inquiry 12 &13 Dec 12. Temporary planning permission granted for 5 years from the date of decision. To be removed from the Injunction proceedings. Remove from next contravention list

• Plot H - 12/01036/FUL - Change of use of land to a single permanent Gypsy and Traveller site for the stationing of a single static mobile home; single shed; dog kennels and stable building. Application Refused 15.05.12. Public Inquiry 17/18 Apr 13. Temporary 5 year planning permission granted. To be removed from the Injunction proceedings. Remove from next contravention list

Plot C - 12/03612/ELD - Certificate of Existing Lawful Development in respect of hard standings, stables, pigeon lofts and sheds having been in situ for more than 4 years – received 18.09.12. Application refused – Public Inquiry January 2014.

Plot C2 - 12/03556/FUL - Proposed stationing of a mobile home for occupation by a traveller (as defined in Planning policy for traveller sites). Application refused – appeal lodged.

Plot C - 12/03305/FUL - Continued stationing of a mobile home for occupation by a gypsy/traveller as defined in planning policy for traveller sites – Refused 30.5.13

CON NO ADDRESS DETAILS OF DATE OF COMMENTS BREACH NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice CH/07/00003/ Land Known as Without planning 22.06.10 EN CH/36 issued CONDWE Plot C1 permission, change of Public Inquiry completed on 06.05.11- appeal dismissed and Three Horseshoes use of a building to use the enforcement notice upheld. Newells Lane Chidham as a single 20.12.11 - site visit found non-compliance with the notice. West Sussex dwellinghouse 15.06.12 - non-compliance with the notice continues. Letter before prosecution action sent. 30.1.13 – Interview under caution 09.04.13 –Prosecution papers forwarded to Legal Services 11.09.13 - Hearing 10.00 am in Worthing Magistrates’ Court CH/13/00064/ Paddock View Without planning 05.06.13 EN CH/42 issued CONTRV Drift Lane permission, the Compliance date 17.01.14 Bosham creation of a Storage PO18 8PR Building CH/13/00064/ Paddock View Without planning 05.06.13 EN CH/43 issued CONTRV Drift Lane permission, the Compliance date 17.01.14 Bosham erection of stables PO18 8PR CH/13/00064/ Paddock View Without planning 05.06.13 EN CH/44 issued CONTRV Drift Lane permission, the Compliance date 17.01.14 Bosham erection of kennels PO18 8PR CH/13/00064/ Paddock View Without planning 05.06.13 EN CH/45 issued CONTRV Drift Lane permission the change Compliance date 17.01.14 Bosham of use to meadowland PO18 8PR

CON NO ADDRESS DETAILS OF DATE OF COMMENTS BREACH NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice E/09/00494/ Game Lodge Without planning 22.02.11 EN E/19 issued CONSH Batchmere Road permission the change 10.04.13 – notification from asset management company that Almodington of use of stable the property has been re-possessed. Quotes obtained for building for demolition of the unauthorised building and compliance with Chichester leisure/clubhouse E/19 above. PO20 7LD purposes 24.05.13 – Notice complied with. Remove from next contravention list

E/09/00494/ Game Lodge Without planning 01.02.11 EN E/18 issued. CONSH [as above] permission the erection See serial above for details of a building 24.05.13 – Notice complied with. Remove from next contravention list E/11/00286/ Orchid Answers Without planning 16.04.13 EN E/22 issued CONDWE Ltd permission the change Appeal lodged – Public Inquiry 113 Second of use of the building to Avenue use as a single Batchmere dwellinghouse

EWB/11/00313/ Foxfield Without planning 06.06.13 EN EW/39 issued CONENG Clayton Lane permission the erection Compliance date 17.10.13 Bracklesham of a timber chalet building

FB/09/00290/ 12 Blackboy Court Without planning 13.02.12 EN FB/11 issued CONDWE Fishbourne permission the erection 19.02.13 – Appeal upheld. Building immune - Council must PO18 8XX of a dwellinghouse decide whether it is expedient to issue a further notice or invite a planning application to regularise the use. 05.07.13 - owners to make application for use as a dwellinghouse.

CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice FU/06/00384/ Land West of Change of use of the 11.09.07 EN issued CONAGR Moutheys Lane land to storage of 7.3.13 – site meeting with EA and owners son who now East Ashling. wooden pallets, boxes, occupies the land with his 12yr old daughter. A further person scrap metal, household lives in a touring caravan on the land. EA have required the goods, disused land to be cleared but concerns have also been raised about vehicles and his methods of disposal. Site to be kept on a monitoring basis storage/sale of building and new actions taken where appropriate. materials. 20.6.13 – site visit with police, EHOs and EA. Situation remains the same. Notice to be served against occupation of the caravans.

FU/11/00071/ Land South of Breach of condition – 02.04.12 BCN FU/52 issued. Compliance date 02.05.12 CONBC Tower View provision of a scheme 19.06.12 – site visit. No change in appearance of the site. Nursery for foul and water 10.10.12 - Legal opinion sought on next course of action. Scant Road East surface drainage 04.12.12 – site visit showed temporary units in place Hambrook 21.12.12 –intentions about the utility blocks requested 8.7.13 – letter sent to request meeting on site before prosecution commences.

FU/10/00407/ Land South East Of The erection of two 09.02.11 EN FU/49 issued – appeal hearing 14.09.11 CONTRV Tower View dwellinghouses, a Appeal dismissed and enforcement notice upheld Nursery timber shed and Planning application for same development pending West Ashling Road formation hardstanding consideration (11/05305/FUL). Funtington and paved footpaths

FU/11/00604/ Castorfield Without planning 31.10.12 EN FU/53 issued CONENF West Ashling Road permission the use of a Appeal lodged – Public Inquiry 03.09.13 (Committee RM 2) Funtington building as a PO18 8UD dwellinghouse

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice HN/09/00331/ Land at Garnet Without planning 23.08.10 EN HN/17 & HN/18 issued CONENG Cottage permission change of 14.02.12 – site visit - substantial amounts of rubble removed Hunston Road use of land to the from the land, but soil being dumped at the rear of the site. Chichester storage of a mobile 01.06.12 – further site visit revealed caravan placed on the PO20 1 NP home and builders land and raised area cultivated as a small holding. rubble and/waste 17.09.12 – meeting held with the landowner’s reps. Agreed to allow 28 days for landowner to make application for re- profiling the imported soil and retention of the mobile home. 25.10.12 – site visited– no application made. 25.01.13 –Papers prepared for prosecution. 11.09.13 – Hearing - 10.00 am Worthing Magistrates’ Court HN/12/00216 Garnet Cottage Change of use of the 10.01.13 EN HN/20 issued CONMHC Hunston Road land to the stationing of Compliance date 21.08.13 Hunston a mobile home for the PO20 1NP purposes of human habitation

HN/11/00049/ Land East of Engineering operations 21.03.11 EN HN/19 issued CONENG Farmfield consisting of the Appeal upheld on ground (g) and compliance period extended Nurseries excavation of soil and to 6 months all other aspects of the notice upheld. Road the deposit of hardcore 30.05.12 – site visit conducted – compliance not achieved. Hunston and rubble to form a 28.06.12 - Non-compliance with notice. Owners advised of track and area of prosecution proceedings hardstanding and the 06.07.12 – agent claimed dev. was PD and that refusal of erection of fencing application 11/04408/FUL would be appealed. 25.10.12 – site visit conducted but case not progressed due to the need to deal with other priorities. 8.7.13 – letter before prosecution action sent to owners. 15.07.13 – prosecution papers forwarded to Legal Services

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice KD/11/00563/ Bridgefoot Non-compliance with 10.01.13 BCN KD/21 issued. CONBC Meadows condition 3 attached to Compliance date 11.04.13 Glasshouse Lane Appeal Decision APP/ Non-compliance with the notice. L3815/A/08/2065822 Prosecution proceedings to be considered. RH14 OLW dated 25 Sept ’08 [KD/06/05584/COU] O/03/00173/ Decoy Farm Construction of partially 01.07.05 ENs issued. Appeal dismissed, compliance date 22.11.06. CONMHC Decoy Lane completed building. 10.12.08 – Court hearing. Pleaded guilty, the court imposed Aldingbourne Change of use of land a 12 months conditional discharge and costs of £1200. for storage of motor 17.08.11 - meeting with owners to discuss ownership, vehicles etc compliance and agricultural justification of items on the land 31.01.12 – Site visit held– court case adjoined until Apr 2012. 30.1.13 - Matter discussed with Legal to decide way forward. 10.03.13 - Draft prosecution statement sent to Legal 10.04.13 –Prosecution proceedings now in progress. PS/10/00761/ Land North of Change of use of the 24.10.12 EN PS/43 issued CONMHC Copse (Nell Ball) land for the mixed use Appeal lodged – Hearing held on 16.04.13 (Old Court Room) Dunfold Road for agriculture and 03.07.13 – Appeal Decision – appeal dismissed and EN Plaistow stationing of a mobile upheld. New compliance date 04.01.14 home for purposes of human habitation

PS/12/00305/ Land north of Change of use of the 01.08.12 EN PS/44 issued CONENG Foxbridge Farm land to a mixed use for Appeal lodged – Written Representation Foxbridge Lane agriculture and the 19.12.12 – appeal withdrawn as appellants intend to comply Plaistow stationing of a mobile with the notice home for the purposes New compliance date 19.06.13 of human habitation Notice Complied with Remove from next contravention list

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice PS/12/00305/ Land North of Excavation of land to 01.08.12 Stop Notice PS/45 issued with Site Notice CONENG Foxbridge Farm lay services and install This notice took effect on the 08.08.12 Foxbridge Lane a septic tank in See above serial. Plaistow association with the Remove from next contravention list mobile home. SB/12/00255/ Emsworth Yacht Breach of conditions – 06.06.13 BCN SB/105 issued CONBC Harbour non-installation of a Compliance date 07.10.13 Thorney Road brise-soleil Southbourne Emsworth SB/12/00226/ Ickleberry Paddock Change of use of the 06.02.13 EN SB/104 issued CONDWE Thornham Lane land to a mixed use for Appeal in progress – Public Inquiry – held on 11.07.13 Southbourne equestrian and the Adjourned until 25.10.13 Hants stationing of a mobile PO10 8DD home and use of a building for residential purposes

SB/12/00226/ Ickleberry Paddock Change of use of a 06.02.13 EN SB/104 issued CONDWE Thornham Lane building as a single Appeal in progress – Public Inquiry – held on 11.07.13 Southbourne dwellinghouse and use Adjourned until 25.10.13 Hants of the land for PO10 8DD associated residential purposes

SB/12/00431/ Land at 8 West Change of use of land 14.03.13 EN SB/102 issued CONENF View Cottages to garden land Appeal in progress – Written Representation South Lane (planning application received for COU to garden land Southbourne SB/12/02861/COU – refused 09.11.12, appeal in progress)

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice SB/11/00504/ Land South of Untidy Land 24.06.13 S215 Notice S215/17 issued CONENG Newells House Compliance date 05.11.13 Hambrook Hill South Hambrook PO18 8UJ SI/01/00444/ 35 Chalk Lane Erection of a building. 13.10.05 EN/39 issued. Compliance period expired 24.05.06. CONENG Sidlesham Change of use of land 03.11.09 – site visit showed non-compliance with to mixed or dual use – enforcement notice. restoration and storage 05.10.11 – Full trial at Worthing Magistrates Court. Owner of motor vehicles, etc found guilty on two breaches of EN SI/39. The magistrates imposed a fine upon him of £750 in respect of each offence (total fine £1,500). He was ordered to pay a contribution to costs of £2,500 and victim surcharge of £15. Total fine payable: £4,015. 20.03.12 – Crown Court Appeal against sentence. Owner decided not to continue with appeal on the condition that the Council did not seek further costs. This was agreed. The original conviction therefore stands and so continued failure to comply will result in a higher penalty. The situation remains under review. 20.2.13 - Access to site denied. 05.07.13 - Case under review to consider whether it is expedient to instigate further prosecution.

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice SI/13/00076/ Brambles Nursery Use of a building as a 06.06.13 EN SI/63 issued CONDWE Selsey Road dwellinghouse Appeal lodged. Sidlesham PO20 7QX

SI/11/00517/ Enbourne Change of use of the 29.10.12 EN SI/59 issued CONENF Business Park land to the display and Appeal in progress – Written Representation Selsey Road sale of motor vehicles Awaiting PINs site visit Sidlesham

SI/05/00391/ Plot 3 Coneleys Change of use of the 04.04.07 EN issued. Appeal lodged and Public Inquiry held 02.10.07. CONMHC Yard land to use for the 31.10.07 - Appeal dismissed and enforcement notice upheld. Jury Lane stationing of mobile Dec 2012 – Planning agents, Henry Adams, advised that a Sidlesham homes for residential planning application is being prepared for submission. Chichester purpose 19.02.13 – Application 13/00529/FUL received for Use of land as a caravan site for the stationing of 6 no. residential static caravans each with an associated non-residential touring caravan for show people and staff. Associated equipment maintenance and storage area. Pending Consideration. 30.06.13 – application remains pending consideration.

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice SI/13/00078/ Living Elements Without planning 24.06.13 EN SI/62 issued CONENF 1 Keynor Lane permission change of Compliance date 05.02.14 Sidlesham use of the said part of PO20 7NL the building (first floor)to use as a single dwellinghouse SI/13/00078/ Living Elements Without planning 24.06.13 EN SI/64 issued CONENF 1 Keynor Lane permission change of Compliance date 05.02.14 Sidlesham use of the said part of PO20 7NL the building to use as a single dwellinghouse SI/11/00299/ Windward Nursery Breach of conditions – 11.06.12 BCN SI/57 issued CONMHC Chalk Lane discontinue the use of Compliance date 11.12.12 Sidlesham the land for the use of a 18.04.13 - Application 12/03584/FUL for agricultural dwelling Chichester mobile home as a refused PO20 7LW temporary agricultural 12.07.13 – prosecution paperwork sent to Legal Services for workers dwelling non-compliance with the notice.

SY/11/00075/ Land North West Without planning 23.02.12 EN SY/57 issued CONT of 1 Wellington permission the carrying Compliance date 05.10.12 Gardens out of engineering 11.10.12 – site visit showed non-compliance with the notice Selsey works to create a 16.10.12 – letter before action sent hardstanding 29.10.12 owner advises that a planning application will be made proposing res development of the site. 09.07.13 – Prosecution papers forwarded to Legal Services for non-compliance with the notice.

CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice SY/12/00419/ Arun Posts Without planning EN SY/59 issued CONHH Southern Road permission the Appeal lodged – Hearing held on 08.05.13 Selsey construction of an Decision received. Appeal succeeds and the enforcement PO20 0BD outbuilding tantamount notice quashed. to a dwellinghouse Remove from next contravention list

SY/08/00361/ Armaria Without planning 20.10.09 EN issued EW/32 CONDWE 11 Beach Gardens permission, change of 25.11.11 – site visit carried. Works agreed to comply with the Selsey use of the garage notice. Compliance date 31.01.12 – works are underway. building to use as a 12/03587/DOM application to provide a link extension to single dwellinghouse include the garage building - pending consideration

WR/09/00421/ Grene Cottage Without consent the 24.06.13 LBEN WR/20 issued CONLB Billingshurst Rd installation of 4no. Compliance date 05.02.14 timber casement Billingshurst windows at first and second floor level