Regulatory Committee

3 December 2019

Planning Enforcement Investigations

Recommendation That Members note the information in this report.

1.0 Key Issues 1.1 This report is to provide details on current active and recently resolved Planning Enforcement investigations by County Council Planning Enforcement where there has been either formal action taken by the Council or a planning application submitted. 1.2 This report does not cover matters being investigated by district or borough councils or other agencies or where the complaint has not been received by Warwickshire County Council. 1.3 Section 6.0 contains the current cases under investigation. The cases are divided by district. 1.4 Section 7.0 contains a list of recently resolved matters that are no longer under active investigation 1.5 Section 8.0 contains a list of sites on the regular regime of monitoring arranged by frequency of visit.

2.0 Options and Proposal 2.1 Members may provide feedback on individual cases

3.0 Financial Implications 3.1 The cost of the enforcement service can be me within the existing budgetary framework

4.0 Timescale 4.1 This report is a six-month update; a further report will be presented in June /July 2020.

5.0 Environmental Implications 5.1 The environmental implications will vary from site to site but the effective application of planning controls is essential for the protection of the environment and the achievement of sustainable development.

6.0 Planning Enforcement Cases

NORTH WARWICKSHIRE

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics Daw Mill Colliery, July 2014 Planning application to Enforcement Daw Mill Lane, redevelop the site refused Notice being Arley, CV7 8HS by NWBC. Appeal prepared submitted; dismissed Non-compliance March 2018. Legal with restoration challenge dismissed. conditions

Marston Fields December 1 – Some landscape 1 – Further works Farm, Kingsbury 2014 planting undertaken in the to take place to Road, Marston, winter of 2018 / 2019. comply. Sutton Coldfield, Further planting to be 3 – Consider B76 0DP carried out in winter 2019 / formal action if not 2020. resolved. 1. Failure to 2 – Waste material comply with previously deposited on conditions re site to raise land levels and landscaping and to create a track were aftercare removed in summer 2019 and the site restored. 2. Additional land 3 – Bund now completed raising and hard and planted with shrubs / standing trees. Scale of the bund and the planning history of 3. New small bund the site is such that formal adjacent to enforcement action is not highway likely to be expedient. Biogen AD Plant, April 2017 Site visit determined tanks WCC received Merevale Lane, not constructed in some information , CV9 accordance with plans. but insufficient so 2LA Enforcement Notice further details to issued. Notice appealed. be submitted. Odour nuisance Appeal upheld and notice Works quashed. PINS granted commenced to permission for alterations comply with PINS to tanks to be completed condition. within 3 months subject to details to be approved by Matter ongoing. WCC.

NORTH WARWICKSHIRE continued

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics Hartshill Quarry, August Various correspondence Further Mancetter Road, 2017 and site visits. Planning applications Hartshill, Contravention Notice expected to , CV10 issued – reply received. regularise plant, 0RT Further correspondence. office building etc. Certificate of lawful use and to regularise Re-activation of application approved phasing of work. quarry –issues confirming status of plant These applications include condition processing area. Blasting – are currently of highway and various meetings and invalid. blasting communications. PCN issued to determine Discussions on- compliance with blast plan. going with the site operator Rear of Grange September Site visit, Land Registry Revisit to Farm Tamworth 2017 and letter to land owner. determine Road, Wishaw, No reply to letter and compliance with B76 9PX waste remains in situ. Notice. Planning Contravention Importation of soils Notice issued October 2017 and reply received. Waste not removed despite assurances. Enforcement Notice issued February 2019. No appeal. High Meadow August Installation of a temporary Further application School, Norton 2019 Classroom building. Matter submitted on Road, Coleshill potentially resolved by the 15/11/19 grant of permission (NWB/19CC015) NWB/19CC007 but which will be timescales for relocation considered on have become an issue. 7/1/20.

NUNEATON &

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics Griff Quarry, Gipsy March Works to reach agreement Await outcome of Lane, Nuneaton, 2014 on traffic lights have stalled. application. CV10 7PH Site operator has Ongoing undertaken own updated discussions with Traffic lights transport assessment which agent. (Breach of suggests that lights are not Condition / Legal required. Planning Agreement) application NBB/18CM015 submitted. Canner April 2017 Multiple site visits carried Operator failed to Aggregates Ltd, out and some evidence has comply with Rear of Unit 4, been gathered. Planning injunction so matter Pool Road, Contravention Notices referred back to the Nuneaton, CV10 served and reply received. High Court. 9AE EA also investigating. Planning application Operator found Waste transfer and NBB/18CM009 withdrawn guilty and fined. extension to the prior to determination. site Enforcement Notice issued Works undertaken 22 June 2018. No appeal to comply with the submitted. Operator carried enforcement notice. out works in contravention of Notice. Injunction sought and obtained. MAC Contracting, February Informal site visits and Revisit to ensure Griff Clara 2018 discussions with business operator complying Industrial Estate, and agent. Application with conditions. Griff Lane, (NBB/19CM003) to Nuneaton, CV10 regularise buildings now 7PP approved.

Building contrary to Works to improve wheel plans, mud/debris wash and road have on highway, commenced and are largely additional waste complete. types

NUNEATON & BEDWORTH continued

Date Action to date Proposed Next Address reported Steps Breach of planning control in italics Circom Ltd, Telford April 2019 Visited site to establish Planning Road, Bayton nature of operation. application Road Industrial Advised planning NBB/19CM015 Estate, Exhall, permission needed via submitted – , CV7 letter. awaiting 9ES determination.

Waste processing operation A B Crushing, May 2019 Visited site to establish The operator was Whitacre Road, nature of operation. Land intending to Nuneaton, CV11 owner and operator advised relocate – revisit 6BW permission required. necessary.

Waste processing operation

RUGBY

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics Gun Range Farm, 2010 Previous visits carried out Further site visit to Shilton Lane, to ensure waste is on land be arranged to Shilton, CV7 9LH permitted by previous monitor progress. certificates of lawful use. Scrap metal Site visit July 2018; storage improvements to site in accordance with legal agreement although further works required. Charles Trent Ltd, December Planning applications Await the Newbold Road, 2014 submitted seeking determination of Rugby, CV21 1HF consent for: the three planning • A new building applications by 1) Extension of (retrospective) committee. operational area RBC/19CM006 (north) • A small extension 2) Failure to to the vehicle discharge storage area conditions (retrospective) attached to RBC/19CM013 RBC/17CM011 • Yard extensions 3) Further and new access extension of (part retrospective) operational area RBC/19CM014 (east) 4) Further extension of operational area (central) 5) Breach of condition re: HGV numbers 6) New building

RUGBY continued

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics Whites of December Correspondence and site Liaise with existing Coventry, Ryton 2014 meetings. Agent working / potential new Mill, London Road, with Highways England in owner to resolve Ryton on relation to access and outstanding issues. Dunsmore, CV8 producing proposals for 3DX unauthorised waste activity. Breach of conditions (site Potential change of site access), additional ownership. waste activity Foxley Farm, March Informal visits & letter. Await outcome of Road, 2015 PCN issued and reply application Kites Hardwick, received. Amount of CV23 8AA material increased despite assurances it would be Waste importation removed. Enforcement and land raising Notice issued January 2017; compliance due November 2017. Application submitted; awaiting additional information. (RBC/19CM011) Moonhill Barn, May 2016 Operator is developing Works to London Road, authorised site in site progressing Stretton-on- Warwick. Use did not which will facilitate Dunsmore, CV23 cease in line with business relocation 9HY timescales given. and compliance Waste transfer Enforcement Notice with the Notice station issued January 2017. Appeal against Notice withdrawn by appellant. Holywell House, June 2016 Site visit with operator and Submission of Watling Street, owner. Application to revised details to Shawell, regularise works progress Lutterworth, LE17 submitted. application 6AR (RBC/16CM020). expected once Working with Historic Historic England Importation of inert England as part of site is have issued waste material Scheduled Ancient consent. Monument. Scheduled Ancient Monument Consent in progress

RUGBY continued

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics Land on corner of October Historic England also Matters now Main Road and 2016 investigating. Stop Notice considered and Overstone Road, and Enforcement Notice resolved in court. Withybrook, CV7 issued June 2017; 9LU compliance due January Landowners found 2018. Non-compliance guilty and fined. Inert waste tipping with Notice. Planning on scheduled application made to Compliance being ancient monument Rugby Borough to retain progressed with some of the works. First Historic England. court hearing 22 January – nullity argument entered; adjourned to 5 March. Further adjournment due to previous trial overrunning; adjourned to 30 April. At hearing 30 April a court listing error resulted in a further adjournment. In the meantime, Historic England had first hearing 5 March which was adjourned to 2 April as only 2 of 3 Defendants appeared. At hearing 2 April not guilty pleas entered and trials to take place in the summer. Land at Nettle Hill October Enforcement Notice Material removed Conference 2016 issued September 2017. from the site and Centre, Brinklow Appeal dismissed August the site is being Road, CV7 9JL 2018. reprofiled.

Inert waste tipping Agent has provided plan Revisit site autumn creating a low showing the removal of 2019 to determine mound material and the compliance. reprofiling of the site.

The plan has been accepted as complying with the Enforcement Notice.

RUGBY continued

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics Featherstone June 2017 Planning Contravention Application Farm, Leamington Notice issued. The works RBC/19CM016 Road, Ryton on are unlikely to be submitted but now Dunsmore, considered to be withdrawn. Coventry, CV8 permitted development. 3EL Further visit determines Discussions works require planning continue with the Soil screening permission. PCN issued landowner / and reply received. operator. Application expected in first half 2019. Clews Recycling Officer Site visit and email to Await the Ltd, 17, Hunters observation operator. submission of a Lane, Rugby, April 2019 retrospective CV21 1EA Site operator has application. appointed a planning Breach of agent who will seek to condition (waste regularise the situation storage) Greenway Farm, May 2019 Site visited and soils Further site visit 41 Rugby Road, noted. Land owner written required. Pailton, CV23 to in order to investigate 0QH exact nature of breach.

Waste (soils) importation The Acre, Lawford May 2019 Previously investigated The landowner Heath Lane, and no breach found. may have required Lawford Heath, However, change in the operator to CV23 9HG occupation and activity vacate the site. does appear to consist of Car breaking car breaking. Letter to Further site visit owner to gather further required. information.

STRATFORD

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics Land off Kings December Notice issued August Material removed Lane, Snitterfield 2012 2016. Compliance with in compliance with Notice has not taken the Enforcement Deposit of waste place. At court hearing 30 Notice. January Defendant did not attend; WCC unable to Compliance obtain warrant for arrest confirmed by so proceedings withdrawn WCC. to be resubmitted at a later date. At court 10 July Site now in new 2018 landowner given 12- ownership. month conditional discharge and ordered to pay council costs. Reminder letters sent to owner. Works to comply with Notice commenced April 2019. SDC issued Temporary Stop Notice so these works have ceased and are unlikely to recommence until late May 2019 at the earliest. Land at December Meeting with landowner Revisit to confirm Whitemoor Lane, 2018 and operator. Planning cessation of use. Sambourne, B96 advice given. Owner 6NT advises use will cease and operator will relocate. Construction and Planning Contravention demolition waste Notice issued. recycling operation. Hill Farm, Danzey December Letter to land owner. Site Joint working with Green, Tanworth- 2018 visit shows waste still Environment in-Arden, B94 5BJ present. Further letter to Agency may have owner. Legal Services resolved this Waste storage instructed to issue matter. and burning on Planning Contravention site Notice. Further site visit required.

STRATFORD continued

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics Walnut Hill Farm, January Site visit. Legal Services Meeting with Ullenhall, B95 2019 issued Planning representatives of 5NQ Contravention Notices. Ullenhall parish Importation of Reply received. Council arranged waste for 20/11/19.

Land off Fosse Officer Site visits. Await PCN reply Way, Moreton observation Correspondence with Morrell January Agent. Legal Services 2019 issued Planning Inert waste Contravention Notices. recycling Land off February Site visit. Planning Subsequent site Wellesbourne 2019 Contravention Notice visits have Road, Lighthorne issued. Letter to owner negotiated a advising planning solution to the Importation of inert permission may be problem waste required. Pure Recycling, Officer Site visit and meeting. Building approved Warwick Road, observation Correspondence (SDC/19CM002) Ettington February identifying breach of for waste 2019 conditions. processing but not Breach of built. conditions – waste stored outside Further building discussions required. Land adjacent to March Research and At the public Claverdon 2017 investigation indicated that inquiry the Sewage complaints the activity involved the appellants Treatment Works. received storage of waste materials successfully about and skips. argued that the Storage of waste commercial material was not material and skips. activities Enforcement notice issued waste and thus on the land 27/7/17 but appeal lodged was beyond the adjacent to passing jurisdiction to the County Council’s the STW. Planning Inspectorate jurisdiction. (PINS). Notice withdrawn – Costs awarded by PINS against WCC.

WARWICK

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics 2 - 8 Lock Lane, May 2014 Application to extend time Works progressing Warwick, CV34 to provide building to complete 5AG approved by Regulatory development. Committee April 2017 (ref This site is Materials recycling WDC/16CM019). connected to facility Conditions being Moonhill Barn (See discharged. Rugby cases above). Magpie Hall, April 2017 Planning application The site is Rouncil Lane, (WDC/18CM016) occupied by mixed , CV8 submitted but uses some of 1NN subsequently withdrawn. which are not County Matter Waste transfer Certificate of lawful use developments. station and skip application expected but Thus it has been hire business not received. agreed that WDC will take the lead in this matter. Fortress October Retrospective application Matters resolved Recycling, Insight 2017 submitted. by the grant of House, Blick planning Road, Warwick, Application permission. CV34 6TA WDC/18CM020) considered and approved Extension to by the Regulatory building Committee. Heathcote Primary September Phase two of the school’s Conditions School, Vickers 2018 expansion has been discharge Way, Leamington started. progressing. Spa, CV34 7AP

Failure to provide landscaping in accordance with agreed timetable

WARWICK continued

Address Date Action to date Proposed Next Breach of planning reported Steps control in italics Milverton Primary March Correspondence with Await outcome of School, Greatheed 2019 internal colleagues. planning Road, Leamington Planning application application to be Spa submitted April 2019 considered at this (WDC/19CC005) meeting. External flue

7.0 Recently Resolved Cases

• Land off Kings Lane, Snitterfield. (see report above).

• Wellesbourne Road, Lighthorne (see report above).

• Field Brook Farm, Spon Lane, Grendon, Atherstone, CV9 2EX – waste storage operation ceased, operator has left the site

• Newdigate Colliery, Astley Lane, Bedworth, CV12 0LP – works to comply with Enforcement Notice have been completed

8.0 Monitoring Visits

8.1 Sites visited once per year

• Coleshill Quarry, Gorsey Lane, Coleshill • Cross Hands Quarry, Near Little Compton, Moreton in Marsh • Kingsbury Brickworks Landfill, Rush Lane, Dosthill

8.2 Sites visited twice per year

• Bishops Bowl Lakes, Bishops Itchington, Southam • Brinklow Quarry, Highwood Farm, Coventry Road, Brinklow • Bubbenhall Quarry, Weston Lane, Bubbenhall • Bubbenhall Landfill, Weston Lane, Bubbenhall • Dunton Landfill, Lichfield Road, Dunton • Griff No. 4, Gipsy Lane, Nuneaton • High Cross Quarry, Copston Lane, High Cross

• Kingsbury Brickworks Quarry, Rush Lane, Dosthill • Ling Hall Landfill, Coalpit Lane, Lawford Heath • Mancetter Quarry, Quarry Lane, Mancetter • Middleton Hall Quarry, Bodymoor Heath Lane, Middleton, • Packington Landfill, Packington Lane, Little Packington • Southam Quarry, Southam Works, Long Itchington • Ufton Landfill, Southam Road, Ufton • Wolston Fields, Wolston Lane, Ryton-On-Dunsmore

8.3 Sites visited quarterly

• Edgehill Quarry, Edgehill, Banbury, • Folly Fields Farm, Ladbroke Road, Bishops Itchington, Southam • Hartshill Quarry, Nuneaton Road, Hartshill • Judkins Landfill, Tuttle Hill, Nuneaton Background papers

None

Name Contact Information Report Author Ian Grace [email protected] Tel: 01926 412193 Assistant Director Scott Tompkins [email protected] (Environment Services) Strategic Director for Mark Ryder [email protected] Communities Portfolio Holder Cllr Jeff Clarke [email protected]