IMPORTANT - ntlS COMMUNICATION AFFECTS YOUR PROPERTY

TOWN AND COUNTRY PLANNING ACT 1990 (as amended by the Planning and Compensation Act 1991)

ENFORCEMENT NOTICE

ISSUED BY : Council

1. THIS NOTICE is issued by the Council because it appears to it that there has been a breach ofplanning control, within paragraph (a)ofsection 171 A(1) ofthe above Act, at the Land described below. The Council consider that it is expedient to issue this notice, having regard to the provisions of the Development Plan and to other material planning considerations. The Annex at the end of the notice and the enclosures to which it refers contain important additional information.

2. THE LAND TO WHICH THE NOTICE RELATES

Land al Field View Park, Kirk Lane. Enderby, LE19 4AS, as shown edged red on the attached Plan ("the Land")

3. THE MATTERS WHICH APPEAR TO CONSTITUTE THE BREACH OF PLANNING CONTROL

Without planning permission the material change of use of the Land from a Gypsyrrraveller caravan site to a mobile home park for permanent residential use by non Gypsyrrravellers (The Settled Community). with an ancillary Gypsyrrraveller use.

4. REASONS FOR ISSUING THIS NOTICE

4.1 It appears to the Council that the above breach of planning control has occurred on the Land to which this notice relates within the last ten years.

4.2 The Land has the benefit of planning permission (Application Reference 1110887/1 /PY) for the siting of lransit caravans and mobile homes for residential use by Gypsies and Travellers. Condition 2 of planning permission 11/0887/1/PY states, "This permission conveys approval for the occupation of the site only by persons identified as gypsies and travellers when assessed against the definition contained in circular 01/2000." The current definition of Gypsies and Travellers is set out in Planning Policy for Traveller Sites (August 2015}. The majority of Land is currently occupied by non-Gypsyrrraveller residents.

4.3 The Land is within the Green Wedge, as defined in the updated Policies Map (2019), where Policy CS16 of the Core Strategy Development Plan Document 2013 applies. There is no significant need for additional residential development in Enderby and there are no exceptional circumstances or other material considerations that together are sufficient to outweigh the Policy presumption against allowing residential development in the Green Wedge. Accordingly, the change of use conflicts with Policy CS16 ofthe Biaby District Local Plan ( Core Strategy) Development Plan Document 2013 and the updated Policies Map (2019).

4.4 The development, including its layout and substandard separation distances of the mobile homes, significantly harmsthe residential amenity ofoccupiers, pose a fire risk to those occupiers, represents a cramped form ofdevelopmentof poor design, is incapable of providing sufficient parking, turning and circulation facilities and results in the overdevelopment of the land contrary lo the aims and objectives of Policy CS2 of the Local Piao (Core Strategy) Development Plan Document (2013) and Policies DM2 and DMB of the Local Plan (Delivery) Development Plan Document (2019).

4.5 There is insufficient information for an assessment to be made of the risks of pollution to ground and surface waters and the water environment arising from the use of non-mains foul drainage. The development is therefore contrary to Policy DM13 of the Local Plan (Delivery) Development Plan Document (2019).

4.6 Additionally, the development is also considered unacceptable in the absence of planning obligations to secure contributions towards affordable housing, public open space and healthcare.

5. WHAT YOU ARE REQUIRED TO DO-:

5.1 Cease the use of the Land for the stationing of caravans/mobile homes for residential use by non Gypsy/Travellers.

5.2 No non-Gypsy/Travellers shall occupy any part of the Land for residential accommodation.

5.3 Remove from the Land all n1obile hon1es/caravans and buildings, other than those authorised by planning permission.

5.4 Make good the parts of the Land on which the mobile homes/caravans and buildings are removed pursuant to Paragraph 5.3.

6. TIME FOR COMPLIANCE

6 .1 Six calendar months fron1 the date this notice takes effect

7. WHEN THIS NOTICE TAKES EFFECT

This notice takes effect on 5th September2019 unless an appealis made against it before that date. Dated: 8th Augus

Signed:

Andrew Ethering1on Planning Enforcement Manager Blaby District Council Council Offices Narborough LE19 2EP ·--·' . ------' :,--.__' - I "-. i: -----...___ FJeldview Park IQ 1- (Traveller,; Sloo) / \ \ 1 / \ \_ I I \ --- - I -- /- ..., .. -- I I •-' I I I I I I I i I ,, }--,--- ...___, I i ' I I I I' I I I i ' I L...t ,(...,i'O' / / / f-1.9_ T J - - 1/ I II -. I i . r- I i i I / / I I I I , ( ,J I 1I [11 I • ./ I I I ,.. I ,-.__ , I 1•--.; ( 1 ! : ', / -- . I f~ I _ ) ... -- I l -y 11 // I ~ · 1 --...... _/ I ,,.__(' ' I J'l II It Ii I I / Vil] 1/_ 1 _ / /1 , I• I I I ; Jr_;:----,.-:./ -i I I ' I .,, I I I , 'LI I l1 / / 1' - I I I ..! - Ll.J1 I I I Ny ,---L__ I ! -I ,. ,· I ! I I / / Femlaigh I 1-/ I I • ( l----.__/ I ! I r BusinG$S I / i I firat \ I I 1'>ld< I i / ,. r( I 1 1 1 I H~UgifltJ$ i / 71 ! I 1I •,O_ f j (' /Grang I J I ,- I i' I I 1 (Trave I , r- j I // / I I I .! I I i1 /; -.! I ~ I . -- _.,I I /,.1 r-·- J I . L ,, ., I - ,, I 'I r .' /',. .: ';I 1'1 j; l-.!I ' .. ,r ·,aa.&n j 1-,f a I {. ~~~ /,f -- .._/, ii • I' · I , J i i ,-l r - - ,,1 ' 1 I 7s-- -'-- . 1-- J! •t.. ~-• . ------1 . I""' ·,:· •,:.:.:~··• ··- : i I-- - - ···---:::.:.~~-:I i -- - ~ !•••• 1)$,; . ... •.

ig map Is reptoduced from Ordnan~ Survey aterial wtth the permloslon of Onin&noe Survey on half of the Controler of Her Majt-$ty'& Ststlone,y (C) Crown copyright Unauttiofised oproduetlon infTinges Crown copyright and may lead 0 . S. Map Ref. •- SP5499SW prosecution or e,vif proceedims. N , LASY DISTRICT Lit

YOUR RIGHT OF APPEAL

You can appeal against this notice, but any appeal must be received, or posted in time to be received, by the SecretaryofState before the date specified in paragraph 7 of the notice. Please read the attached note from the Planning lnspe<:torate which accompanies this notice.

WHAT HAPPENS IF YOU DO NOT APPEAL

If you do not appeal against this enforcement notice, it will take effect on the date specified in paragraph 7 of the notice and you must then ensure that the required steps for complying with it, for which you may be held responsible, are taken within the period specified in paragraph 6 of the notice. Failure to comply with an enforcement notice which has taken effect can result in prosecution andlor reme

Town and Country Planning (Enforcement Notices & Appeals} () Regulations 2002 Part 2, S(c}

Mr John Tom Dowd Field View Park Kirk Lane Enderby LE19 4AS

Mrs Sarah Stublay Field View Park Kirk Lane Enderby LE194AS

The Owner/ Occupiers Field View Part< Kirk Lane Enderby LE19 4AS

Notice displayed on site at Field View Park Kirk Lane Enderby LE19 4AS