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 Warwickshire 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 Atherstone, 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 Nuneaton, 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 & BEDWORTH 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 – Coventry, 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 Southam 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 Warwick 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.