DISTRICT COUNCIL Agenda Item No 15

REPORT OF THE DIRECTOR OF PLANNING AND TECHNICAL SERVICES

PLANNING COMMITTEE - 6 SEPTEMBER 2001

OUTSTANDING ENFORCEMENT OR OTHER LEGAL ACTION

The following is a list of items the subject of outstanding enforcement or other legal action.

1. ENF/DEA/00360 Hutchings Timber, Albert Road, Deal Retail sales

Enforcement authorised 5 March 1992. Further investigations authorised 2 March 1995. Confidential reports considered 5 December 1996, 6 February 1997 and 5 June 1997. Negotiations over possible access improvements and redevelopment proposals for related site at Ark Lane/Cannon Street. Application for new access approved subject to resolution of details and to legal agreement; applications for Ark Lane/Cannon Street approved. Agreement drafted and subject to further investigations and negotiations. Reported further 2 November and 7 December 2000. Enforcement notice served 3 April 2001 with compliance required by 31 December 2001. Appeal to be subject of Public Inquiry 27 November 2001. Negotiations continuing.

2. ENF/ASH/00001/96 Land off Drove, Westmarsh, Ash

(i) Unauthorised livestock and residential buildings and use of land for storing building materials, plant and vehicles. Appeals against Enforcement Notices dismissed. Compliance required by 7 May 1995. Appeal against non-determination of application for retention of buildings dismissed.

(ii) Additional livestock buildings. Appeal against non-determination of application for retention of buildings dismissed. Appeal against Enforcement Notice dismissed.

Both matters considered further on 8 January 1998. Full compliance was required by 22 April 1999. No action to be taken in the Magistrates Court in respect of non- compliance. Direct action authorised 3 June 1999 and reaffirmed 4 November 1999. Injunction and counter-claim heard 11 February 2000 in County Court. Application for leave to appeal by owner refused by Court of Appeal. Direct action reaffirmed 7 September 2000.

3. ENF/ALK/00049/96 Gorse Hill Wood, Minnis Lane, Unauthorised tipping and storage

Enforcement Notice served 1980. Appeal dismissed and Activity ceased. Breach recurred 1993 and prosecution has been authorised if necessary. Consultations with Director of Law Property and Administration and further investigations undertaken. Ownership clarified. Further Planning Contravention Notice served and returned. Meetings held. Programme of clearance awaited. Small quantity of material initially removed, but further storage now taking place on extended area. Counsel's opinion

144 obtained on the alternative courses of action. Consultations undertaken. Further enforcement notice and direct action authorised 7 September 2000. Meeting held with English Nature and Environment Agency. Considered further 3 May 2001. Stop Notice(s) authorised and Enforcement Notice(s) affirmed 3 May 2001.

4. ENF/SHO/00214/97 Rourkes Drift Farm and Redhouse Wall Farm, Redhouse Wall, Use of buildings for residential purposes

There is a very lengthy history of investigations and applications. Considered further 7 September 2000; authority given to seek Counsel's advice.

5. ENF/HOU/00026/96 and ENF/HOU/00193/99 Heathsedge Farm, Abbey Road, Hougham Mobile home and unauthorised structure

Enforcement action authorised 1 February 1996. Application for bungalow refused 2 June 1996. Fresh authority given 2 October 1997 for a Breach of Condition Notice, a Planning Contravention Notice and Enforcement Notices as appropriate. Enforcement Notice served, with 6 month period for compliance. Appeal received, but withdrawn 15 April 1999. Compliance required by 13 April 2000. Mobile home destroyed by fire and structure demolished; some materials remain adjoining the site. Unauthorised shed erected on site. Considered further 3 May 2001. No further action to be taken. RESOLVED.

6. ENF/SAN/00067/95 B. Cory Boat Builders, Sandwich Industrial Estate, Sandwich Unauthorised moorings, tipping, boat moulds and a caravan.

Authority given for Planning Contravention Notice and Enforcement Action under delegated powers 30 May 1996. Invalid application for Certificate of Lawful Development treated as withdrawn 3 June 1997. Planning application treated as withdrawn 26 March 1999. County Planning Officer investigating unauthorised tipping. Moorings and other unauthorised uses pursued with new owners of the land. Moorings removed. Considered further 7 September 2000 and 11 January 2001. Authority given for enforcement action against a caravan and boat moulds stored on the site.

7. ENF/ASH/00137/96 Adjoining the River Stour, , Ash Moorings, the mooring of boats and related activity

Planning Contravention and Enforcement Notices authorised 4 September 1997. Ownerships clarified. Survey undertaken. Planning Contravention Notices served and questionnaires returned.

8. ENF/DEA/00146/97 1 Blenheim Road, Deal Display of an advertisement hoarding

Prosecution initially authorised 2 October 1997. Discontinuance Notice subsequently authorised 5 February 1998 and served, 4 March 1999. Appeal against notice dismissed 5 May 2000. Further investigations with a view to prosecution authorised 27 July 2000. Considered 3 May 2001. Further Discontinuance Notice to be served.

145 9. ENF/WIN/00126/97 The Old Fairground and land to the rear of High Street, Wingham Stationing of three mobile homes, construction of a laundry building and other related works and structures

Planning Contravention and Enforcement Notices authorised 4 December 1997. Further considered 7 September 2000: enforcement resolved in respect of mobile homes and laundry room. Further Planning Contravention Notice served 19 April 2001.

10. ENF/SAN/00220/00 Feltons Yard, Sandwich Storage of unauthorised material Enforcement action authorised 3 July 1997. Permission given for storage until 16 October 1999. Conditions not complied with and permission expired. Considered further 5 July 2001. No action to be taken pending ecological survey.

11. ENF/SHE/96/0008 Chalk Wells Farm, Unauthorised access road, storage of equestrian equipment including caravans, jumps, obstacles and portable toilets, storage of rubble and hardcore, construction of earth bund, failure to comply with landscaping, planting details of access and material conditions on planning permission and the consequent unauthorised building.

Planning Contravention and Enforcement Notices authorised under delegated powers. Planning Contravention Notice served and returned. Applications for earth bund, access road and storage of equestrian equipment refused. Appeals received against all three refusals. Enforcement notice served on 12 November 1999 concerning construction of part of the access road and the building. Compliance required by 20 June 2000. Two month deadline for removal of bund and road and one month deadline for cessation of storage resolved 6 December 1999 and enforcement action affirmed. Further notices served 22 May 2000, requiring compliance by 15 August 2000 (storage uses) and 15 January 2001 (bund and remaining part of access road). Appeals received against notices. Appeals allowed in respect of access road subject to conditions. Appeals dismissed in respect of storage and equestrian equipment and earth bund. Compliance required by 30 May 2001.

12. ENF/DEN/00125/98 The Nook, Agester Lane, Denton Unauthorised driveway

Enforcement authorised 2 July 1998.

13. ENF/PRE/00051/96 Preston Mill, Mill Lane, Preston

(i) Failure to comply with conditions concerning external storage, development in accordance with approved plans, parking, planting, fencing, surfacing and turning on planning permission ref. DOV/98/0657

Enforcement action authorised under delegated powers. Enforcement notice served 30 June 1999, to take effect on 15 August 1999 with compliance required by 15 November 1999. Prosecution authorised 6 April 2000 in respect of failure to comply with the requirements of the notices.

146 (ii) Unauthorised works to mill stump, excavation of a trench, workshop extension and hardstanding.

Enforcement action authorised under delegated powers. Enforcement notice served 30 June 1999, to take effect on 15 August 1999 with compliance required by 15 November 1999. Partial compliance achieved. No further action to be taken in respect of works to mill stump, trench and hardstanding. Prosecution authorised 6 April 2000 in respect of the workshop extension

Prosecutions heard at Dover Magistrates Court, 1 December 2000. Owner find £7,000 with £700 legal costs and £3,000 investigative costs. Re-trial by Magistrates 9 May 2001, reported 5 July 2001.

(iii) Unauthorised gate piers and excavation of roadside bank.

Enforcement notice authorised 6 April 2000 and served 14 June 2000, to take effect on 1 August 2000 with compliance required by 1 November 2000. Prosecution authorised 5 April 2001 in respect of failure to comply with the requirements of the notice and affirmed 5 July 2001.

14. ENF/PRE/00009/01 Preston Mill, Mill Lane, Preston. Use of commercial workshop for the repair and maintenance of vans.

Planning permission refused. Enforcement action authorised 11 January 2001 and affirmed 5 July 2001.

15. ENF/DOV/00153/98 294 London Road, Dover Internal and external alterations and failure to repair wall and railings

Enforcement action authorised under delegated powers. Requisition for information served and returned. Negotiations take place, but not progressed by owner or agent. Enforcement notice being progressed.

16. ENF/SUT/00078/98 Land south of Downs Road, Storage of roofing materials, a metal container and a trailer

Planning Contravention and Enforcement Notices authorised under delegated powers and served 16 February 2000, to take effect on 15 April 2000 with compliance required by 15 July 2000. Appeal dismissed 6 September 2000. Compliance now required by 6 December 2000. Application submitted for container. Prosecution proceedings authorised 8 March 2001. Site cleared. RESOLVED.

17. ENF/DEA/00036/98 Marlborough Motors, Marlborough Road, Deal Use of land for stationing of containers and portable building, storage, breaking and repair of vehicles and storage of vehicle parts.

Enforcement Notice and Planning Contravention Notice authorised under delegated powers. Planning Contravention Notice served and returned.

147 18. ENF/NOR/00162/97 Unit 1 Finglesham Farm Barns, Marley Lane, Finglesham Unauthorised alterations to listed barn, unauthorised fencing, incorrect positioning of access and failure to comply with conditions concerning visibility splays and landscaping

Enforcement action authorised 5 November 1998 and 3 December 1998. Listed Building consent granted for some alterations. Further considered 4 March 1999.

(i) Unauthorised fence and alterations to barn door remain outstanding;

(ii) Negotiations continuing in respect of access and visibility splays. Authority given under delegated powers for Planning Contravention Notice and Breach of Condition Notice if necessary.

19. ENF/EAS/00149/98 Foxborough Motor Company, Foxborough Hill, Failure to comply with parking and landscaping conditions on planning permission ref. DOV/97/1103

Enforcement action authorised 7 January 1999. Planning Contravention Notice served but not returned. Further notice served 6 March 2000, but not returned.

20. ENF/NOR/00031/96 and ENF/NOR/0078/01 South Stream, Northbourne and Rourkes Drift Farm, Northbourne Use of land for car parking in association with use of lakes for coarse fishing, siting of a mobile home and portakabin, installation of gates and construction of barn at variance with approval.

Planning Contravention Notice served 24 September 1999 and returned. Further Planning Contravention Notices authorised under delegated powers.

21. ENF/MON/0211/98 Church Farm Buildings, Destruction of and damage to trees

Prosecution authorised 4 February 1999. Replacement trees have all died.

22. ENF/EAS/0023/98 The Old Chalkpit, Heronden Road, Eastry Failure to comply with a landscaping condition on planning permission ref. STD/88/00473 and construction of unauthorised wall

Enforcement action authorised under delegated powers.

23. ENF/SHO/00180/98 The Chequers, Golf Road, Sholden Use of holiday accommodation for permanent residential purposes and failure to comply with planting condition.

Enforcement action authorised under delegated powers. Application (DOV/01/0353) refused under delegated powers 16 May 2001. Planning Contravention Notices served 20 July 2001.

148 24. ENF/SHO/00048/99 Land adjoining the Ancient Highway, Royal Cinque Ports Golf Club, Sholden Unauthorised tipping.

Enforcement action authorised 8 April 1999. Discussions continuing with English Nature and the Environment Agency.

25. ENF/SHO/00048/99 Land at Royal Cinque Ports Golf Club, Golf Road, Sholden Unauthorised bunding around practice area.

Enforcement action authorised 4 May 1999. Discussions held with the Environment Agency and landowners. Application reiceved.

26. ENF/WHI/00029/99 4-6 Sandwich Road, Whitfield Failure to carry out works to extraction flue in accordance with approved details

Enforcement action authorised under delegated powers. Planning Contravention Notices served and returned. Negotiations taken place. Deadline given for works to be undertaken. Fresh investigations into ownership and interests being pursued.

27. ENF/SAN/00015/00 Unit H, Stonar Industrial Estate, Sandwich Use of land for deposit of inert material.

Permission refused. Further appeals against this refusal and enforcement notice served by the County Council dismissed. Compliance required by 3 July 2001.

28. ENF/RIP/0066/99 Former Ministry of Defence Playing Field, Coldblow, Ripple Use of land as a site for the stationing of caravans and vehicles used for residential purposes and dumping of wrecked cars, household goods and miscellaneous items

Enforcement and Planning Contravention Notices authorised under delegated powers. Enforcement notice affirmed and S.215 Notice authorised 6 April 2000. S.215 Notice served 14 April 2000 with compliance required by 5 June 2000. Appeal submitted to Magistrates Court, to be heard 16 October 2000. Notice withdrawn on a technicality. Enforcement notice served 20 April 2000 with compliance required by 28 November 2000. Latter notice complied with in respect of caravans and residential vehicles. One portaloo remains. Liaison continuing with Director of Health and Housing and Environment Agency to secure removal of various items. Further application for bund and ditch treated as withdrawn. Further S.215 Notices served 9 April 2001 with compliance required by 25 June 2001. Compliance achieved. RESOLVED. Reported elsewhere on this Agenda.

29. ENF/SAN/00063/99 Land Adjoining Former Powergen Site, Ramsgate Road, Sandwich Advertisement hoardings

Consent refused and prosecution authorised in respect of two hoardings 1 July 1999. Further application including two additional hoardings refused. Appeal allowed in respect of three hoardings and consent granted until 26 February 2003; appeal dismissed in respect of the fourth.

149 30. ENF/ALK/0038/96 Land Adjacent to The Hawthorns, Red Barn Lane, Derelict caravan and dumping of builder's material, rubble and various items of rubbish

Notice under Section 215 authorised 2 September 1999 and served 23 September 1999, to take effect on 1 November 1999. Compliance required by 13 December 1999. Caravan and some materials removed. Considered further 2 March 2000. Direct action resolved if full compliance not achieved by 3 April 2000.

31. ENF/LYD/0202/00 The Oaks, Warren Lane, Unauthorised storage, leisure uses and erection of a timber building

Enforcement action authorised 7 October 1999. Appeal against refusal of Certificate of Lawful Development for a dwelling dismissed. Authority given under delegated powers for action against an unauthorised timber building. Enforcement Notices served 9 July 2001. Compliance required by 6 September 2001. Appeals received.

32. ENF/SAN/00142/99 6 Cattle Market, Sandwich Unauthorised alterations to listed building

Enforcement action authorised 4 November 1999. Following negotiations, work completed satisfactorily apart from replacement of a door.

33. ENF/DEA/00017/99 20 Park Street, Deal Unauthorised advertisement hoarding

Discontinuance Notice authorised 4 November 1999. Requisitions for information sent and returned. Notice served 24 August 2000, requiring removal by 7 December 2000. Appeal dismissed 26 February 2001. Removal required by 26 March 2001. Hoarding removed. RESOLVED.

34. ENF/SHO/00073/99 6 Roman Close, Sholden Boundary wall

Enforcement action authorised under delegated powers. Enforcement notice served 23 April 2000 with compliance required by 15 September 2000. Appeal dismissed. Wall required to be lowered by 22 December 2000. Work carried out. RESOLVED.

35. ENF/DOV/00183/99 Flat 1, 269 London Road, Dover Unauthorised uPVC window

Enforcement action authorised under delegated powers.

36. ENF/DOV/00043/99 48 Biggin Street, Dover Shop front and roller shutter

Refusal of planning permission resolved 2 March 2000; enforcement authorised if the matter has not been satisfactorily resolved within 3 months. Negotiations unsuccessful. Planning Contravention Notices served and returned. Negotiations resumed.

150 37. ENF/DEA/97/0099 95-99 Telegraph Road, Deal Remains of dwellings, associated outbuildings, burnt-out mobile home and storage of cars, building materials and miscellaneous items

Notice under Section 215 authorised 2 March 2000 and served 18 April 2000, with compliance required by 19 July 2000. Application for residential development of the site refused subject to clarification of site ownership.

38. ENF/WHI/0132/99 Land off Bewsbury Crescent, Whitfield Parking, storage and breaking of motor vehicles and caravans and storage of motor vehicle parts

Enforcement action authorised under delegated powers. Planning Contravention Notice served and returned. Enforcement Notice served 20 March 2001 and effective from 1 May 2001. Compliance required by 1 August 2001. Appeal received and subsequently withdrawn. Site cleared. RESOLVED.

39. ENF/WIN/00075/00 Bridge House, Canterbury Road, Wingham Creation of access

Enforcement action authorised under delegated powers. Planning Contravention Notice served 24 May 2001.

40. ENF/PRE/00195/99 How Wood Cottage, Padbrook Lane, , Preston Unauthorised 2m. high chain link fence

Planning permission refused and enforcement action authorised under delegated powers. Appeal dismissed 15 March 2001.

41. ENF/CAP/00105/00 Greenview Farm, Capel Street, Capel le Ferne Change of Use of land from agricultural to use for the parking/storage of motor vehicles, plant and equipment; formation of a track and hardstanding; creation of a vehicular access onto a classified road; and change of use from agricultural land to use in association with a domestic garden

Enforcement action authorised under delegated powers.

42. ENF/WAL/00133/00 51 The Strand, Satellite dish

Enforcement action authorised 6 July 2000. Dish relocated. Enforcement action reaffirmed under delegated powers. Enforcement Notice served 9 April 2001 requiring compliance by 28 May 2001. Appeal received.

151 43. ENF/WAL/00205/98 20 Walmer Castle Road, Walmer Painting of external walls

Application for listed building consent considered 6 July 2000. Enforcement action authorised 6 July 2000 if not resolved within 4 months. Appeal received against refusal. Appeal allowed. RESOLVED.

44. ENF/WAL/00172/99 Lord Nelson Public House, 50 The Strand, Walmer Alterations, canopy, railings, UPVC windows and revolving doors.

Planning permission refused 7 July 2000; enforcement action authorised 6 July 2000. Subsequent revised applications approved.

45. ENF/DEA/00140/00 4 Beach Street, Deal Unauthorised UPVC windows and door

Planning permission refused 7 July 2000; enforcement action authorised under delegated powers. Considered further 5 July 2001. No further action to be taken. RESOLVED.

46. ENF/SAN/00106/99 134 St. George's Road, Sandwich Use of land for siting a metal container for storage purposes.

Enforcement action authorised under delegated powers. Enforcement Notice served 14 May 2001. Compliance required by 25 July 2001. Appeal received.

47. DOV/97/1264 and 1265 Former RMSM South Barracks, Canada Road, Walmer Unauthorised works to Building 14 and consequent non-compliance with conditions precedent attached to Planning Permission Reference: DOV/97/1264 and Listed Building Consent Reference: DOV/97/1265.

Enforcement action authorised under delegated powers.

48. DOV/97/1266 Admiralty Mews (Former RMSM East Barracks), The Strand, Walmer. Non-compliance with Conditions 29 and 30 attached to Planning Permission Reference: DOV/97/1266, requiring investigation and remediation of contamination and pollution issues.

Enforcement action authorised under delegated powers. Compliance achieved. RESOLVED.

49. ENF/DOV/00046/00 Former Stonemason's Yard, Old Roman Road, Dover Use of land for car repairs.

Planning Contravention Notice authorised 2 November 2000 and served.

152 50. ENF/DEA/00026/00 The Tube, Queen Street, Deal Change of use from leisure centre to a licensed bar and associated alterations.

Enforcement Notice authorised under delegated powers.

51. ENF/DOV/00225/00 Kings Hall, 287 London Road, Dover Unauthorised doors.

Listed Building Consent refused and enforcement action authorised 7 December 2000 if doors are not removed within 6 months.

52. ENF/NOR/00054/94 Mercers Farm, The Street, Finglesham, Northbourne. Failure to comply with conditions 6 and 7 of planning permission ref. DOV/98/1170 concerning existing and proposed accesses.

Enforcement action authorised under delegated powers. Works carried out satisfactorily. RESOLVED.

53. ENF/DEA/00207/98 8 Broad Street, Deal. Unauthorised flue.

Enforcement action authorised under delegated powers. Works carried out satisfactorily. RESOLVED.

54. ENF/DOV/00196/00 50 Biggin Street, Dover. Unauthorised shop front and fascia sign. Advertisement consent refused and enforcement authorised 11 January 2001.

55. ENF/DOV/0159/99 2-3 London Road, Dover. Unauthorised hoarding.

Further investigation with a view to prosecution authorised 11 January 2001. Application for advertisement consent refused under delegated powers. Appeal against refusal dismissed.

56. ENF/WIN/00/0144/00 94 High Street, Wingham. Painting of external wall .

Listed building consent refused 10 November 2000. Enforcement action authorised under delegated powers. Appeal against refusal dismissed.

57. ENF/SAN/00218/00 Land adjoining Sandwich Station, Sandwich. Stationing of a mobile home.

Enforcement action authorised under delegated powers. Planning Contravention Notices served. Mobile home removed. RESOLVED.

153 58. ENF/WAL/00088/00 The Lifeboat Public House, The Strand, Walmer. Satellite Dish.

Enforcement action authorised under delegated powers. Dish removed. RESOLVED.

59. ENF/TIL/00161/01 Dane Court Mews, School Road, Unauthorised engineering works, construction of brick walls and stairway and failure to comply with approved plans.

Enforcement action authorised under delegated powers.

60. ENF/DEN/00004/01 Land adjoining Nomads, Lodge Lees, Denton Construction of building in the form of a dwelling, creation of an associated curtilage, construction of a brick wall and erection of an integral outbulding.

Enforcement action authorised under delegated powers.

Background Papers :

The appropriate application file where applicable.

Background files otherwise contain only exempt information.

NADEEM AZIZ Director of Planning and Technical Services

The Officer to whom reference should be made concerning inspection of the background papers is the Departmental Administrative Manager, Department of Planning and Technical Services, Council Offices, White Cliffs Business Park, Dover (Tel: 01304 821199, extension 2404).

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