South Lakeland District Council PLANNING COMMITTEE 25 JUNE 2015 A REPORT ON MONTHLY ENFORCEMENT ACTIVITY BETWEEN 1 APRIL – 30 APRIL 2015
PORTFOLIO: Not applicable
REPORT FROM: David Sykes - Director (People and Places) REPORT AUTHOR: Mark Balderson – Planning Enforcement Officer
WARDS: All
KEY DECISION NO: Not applicable
1.0 EXPECTED OUTCOME 1.1 To inform Members about planning enforcement activity between 1 April and 30 April 2015. This report aims to provide a brief and informative insight into current enforcement cases, action taken, on-going investigations and cases closed.
2.0 RECOMMENDATION 2.1 It is recommended that Members note the contents of Appendix 1 and 3 endorse the actions of officers in closing cases as set out in Appendix 2.
3.0 BACKGROUND AND PROPOSALS 3.1 Enforcement Activity: April 2015
Cases on hand at 1 April 2015 131 New cases 18 Total cases closed 20 Cases on hand at 30 April 2015 129
3.2 Enforcement cases for which Committee consideration is sought: There are no cases for consideration. 3.3 An update on enforcement cases involving enforcement action: 3.3.1 An update on those cases involving formal enforcement action is attached as Appendix 1. 3.4 Summary of enforcement cases which have been investigated and closed under delegated powers 3.4.1 Officers consider it important that Members are aware of the enforcement cases that have been investigated by officers and that Members note/endorse that these cases have been closed and no further action taken. These cases are set out in Appendix 2.
4.0 CONSULTATION 4.1 Not applicable.
5.0 ALTERNATIVE OPTIONS 5.1 Not applicable.
6.0 LINKS TO COUNCIL PRIORITIES 6.1 This report links to the aim of “Enhancing the environment in which we live, and supports the national performance indicators”. The National Planning Policy Framework NPPF para 207 states “planning enforcement is important as a means of maintaining public confidence in the planning system”. 6.2 Having an effective robust planning enforcement regime involving people will help make South Lakeland the best place to live, work and visit. Dealing with unauthorised development in an efficient, firm and fair manner, fosters strong links with the community, increased public confidence in the Council and value for money.
7.0 IMPLICATIONS 7.1 Financial and Resources 7.1.1 Cost implications only arise if the matter ultimately requires court or direct action in default. 7.2 Human Resources 7.2.1 The recommendations in this report do not have any staffing implications. 7.3 Legal 7.3.1 See report. 7.4 Social, Economic and Environmental 7.4.1 This report does not have any registered significant environmental effects. 7.5 Equality and Diversity 7.5.1 The Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakeland’s community and interests relevant to the Local Development Framework which will influence the determination of individual planning applications. 7.6 Risk Risk Consequence Controls required The failure of a Ombudsman To maintain sufficient statutory requirement maladministration resources in planning to investigate investigation. Result in enforcement and breaches of planning inappropriate forms of prioritise and co- law with an effective development, which would ordinate the investigative have an adverse impact on investigation of compliance and the character, and breaches of planning enforcement system. appearance of the control. District’s historic towns and rural landscape.
CONTACT OFFICERS Mark Balderson, Planning Enforcement Officer, Amanda Atkinson, Planning Enforcement Assistant, Tel: 01539 793353 email: [email protected]
APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 A report on enforcement cases where authorisation to take enforcement action has been sought. 2 A report to provide a summary of the cases which have been resolved under delegated authority in this committee month. 3 Number of cases on hand grouped by parish.
BACKGROUND DOCUMENTS AVAILABLE Name of Background Where it is available document Various planning files Planning Department website: http://applications.southlakeland.gov.uk/planningap plications/welcome.asp
TRACKING INFORMATION Assistant Portfolio Solicitor to the SMT Scrutiny Director Holder Council Committee 4 June 2015 n/a 4 June 2015 n/a n/a Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer n/a 4 June 2015 n/a n/a n/a Human Leader Ward Development Resource Councillor(s) Management Services Group Manager Manager n/a n/a n/a 4 June 2015
APPENDIX 1 The purpose of this appendix is to provide a brief summary of the on-going action of cases with committee authorisation and delegated authority. REF No. PARISH SITE ADDRESS BREACH / CONTRAVENTION PROGRESS / NEXT STEP 11/168 PENNINGTON Cowran Farm Laying substantial amount of Recent site visit confirms that the hardcore in agricultural field to land owner has not complied with create hard-standing. the requirements in the Enforcement Notice. Officers to prepare court file to instruct the Council’s legal services to commence legal proceedings. The owners submitted a planning application for agricultural building on the site, this has been refused. 12/234 OLD HUTTON Land at Cocklea Siting of a static caravan for The appeal to the Enforcement residential use, erection of Notice was heard via a Public unauthorised buildings and Inquiry at Kendal Town Hall on the creation of ménage. 9 and 10 June 2015. The inquiry will reconvene on 28 and 29 July 2015. Following a recent visit it was discovered that further development to the buildings had taken place. Additional Enforcement Notice has been served.
REF No. PARISH SITE ADDRESS BREACH / CONTRAVENTION PROGRESS / NEXT STEP
13/254 GRANGE over SANDS Rear of 49 Priory Lane Unauthorised erection of Planning permission to retain the building. building as built has been refused. The owner has submitted an appeal against the decision. Enforcement Notice has been served to remove the building. 13/139 KIRKBY LONSDALE 34 Main street Unauthorised work to Listed No application has been submitted Building. for the replacement window frame. Officers drafting enforcement instruction for legal services to serve a Listed Building Enforcement Notice. 13/257 KENDAL 9 Allhallows Lane Breach of condition relating to The inspector has dismissed the opening times. appeal to the Enforcement Notice. Officers have concluded monitoring and gathered sufficient evidence to proceed with legal action in the magistrate’s court. 13/237 KENDAL 19 Kendal Green Untidy land and buildings. Officers have served a Section 215 Notice requiring the owner to carry out works to reduce the harm to the visual amenity of the area. Some work has been done to clear the site. The property has been sold and new owner confirms the building will be renovated.
REF No. PARISH SITE ADDRESS BREACH / CONTRAVENTION PROGRESS / NEXT STEP
14/198 MILNTHORPE Land north of Highfield Erection of large poly tunnel. Enforcement Notice served came into effect on the 27 October 2014 with three month compliance period. No appeal to the Enforcement Notice. The poly tunnel remains on site. Officers have postponed further action under Section 172A, until spring when the majority of lambing is complete. 14/033 KENDAL 26 Derwent Drive, Kendal Erection of 1.8m fence adjacent Planning application refused and the highway. dismissed on Appeal 26 May 2015. Instruction has been sent to legal services to serve an enforcement notice to remove the timber fence. 14/060 PENNINGTON Land at Low Greaves, LA12 Erection of buildings and Instruction with Councils legal 7SF unauthorised use. Running services to serve enforcement agricultural business and repair Notice. and storage of vehicles. APPENDIX 2 A report to provide a summary of the cases which have been resolved under delegated authority in this committee month.
Closed Cases Between 01/04/2015 & 30/04/2015 20
Ref No Parish Site Address Allegation of Breach Reason for Closure 11076 PENNINGTON Green Moor Farm, Pennington, Breach of conditions. No breach. Ulverston, LA12 7NU 11243 PENNINGTON Holebiggerah, Pennington, Unauthorised excavation. No breach - no works undertaken Ulverston, LA12 0JP 12163 MIDDLETON Mill House, Middleton, Carnforth, Engineering operation: laying Trees planted as per conditions, LA6 2LY hardcore, creation of access; development as per plans. removal of tree (SL/2011/0232 & 2010/1078) 13054 OLD HUTTON Robindale Holme Scales Farm, Old Residential occupation of caravan Caravan been on land for more than AND Hutton, LA8 0NB on agricultural land. This case was 10 years as confirmed on returned HOLMESCALES mixed up with 11.176 Robinfield. PCN. 13082 HOLME Holme Sports And Community Breach of planning SL/2010/0197 Caravan has now been removed. Centre Field, Milnthorpe Road, static caravan not removed as Holme, LA6 1PX required. 14172 PENNINGTON 54 Ulverston Road, Swarthmoor, Creation of off road parking Area ceased being used for parking Ulverston, LA12 0JF adjacent the highway of cars and fence erected. 14174 KIRKBY 9 Market Square, Kirkby Lonsdale Application of bright coloured paint Now painted a dark color. LONSDALE to listed building in KL conservation area. 14233 KENDAL 8a Castle Park, Kendal, LA9 7AX Fence erected higher than Not a significant breach not approved. expedient to enforce. 14244 NATLAND Land to the South of Natland Mill Breach of condition 13 Close, no breach of planning control. Beck Farm, Natland Road, Kendal, SL/2013/0830 - working hours. LA9 7LH 14245 MILNTHORPE 9 Summerville Road, Milnthorpe, Demolition of garage and erection Permitted Development. LA7 7DF of new building. 14249 ARNSIDE The Sheilings, High Knott Road, Unauthorised felling of 22 trees in Case closed – both the owner and Arnside protected woodland person who felled the trees were prosecuted in the magistrates court. 14254 URSWICK Braddylls Arms, Main Street, Unauthorised railings/wall to front Duplicate case. Bardsea, Ulverston, LA12 9SR 14285 GRANGE OVER Builders Yard, Allithwaite Road, Breach of Condition 4 of No breach of condition. SANDS Grange Over Sands SL/2012/0950 14290 KIRKBY 1 Horsemarket Street, Kirkby Erection of a 8/10ft fence Close, diminimis. LONSDALE Lonsdale, LA6 2AS 14291 MILNTHORPE Refresh, 26 The Square, Milnthorpe Change of use of shop (A1) to Hot Application submitted and approved Food takeaway (A5) for change of use. 14311 KENDAL Unit 8 Dockray Hall Industrial Estate, Conversion of units to retail No breach of planning law. Kendal, LA9 4RU (antique businesses) 14323 WHITWELL AND Darlfield House, Selside, Kendal, Untidy Property No impact on residential/visual SELSIDE LA8 9EA amenity of the area. 15023 KENDAL Gillingrove Works, Anchorite Fields, Untidy Site Work undertaken voluntary to tidy Kendal, LA9 5NG site. 15031 KENDAL 19 Langdale Crescent, Kendal, LA9 Untidy site and not built to plan - No breach of planning law, Site tidy. 6JU SL/09/0108 15047 KENDAL Unit 2 Dockray Industrial Estate, Operational development, setting No development taken place. Kendal out car park perimeter with movable concrete barrier less than 1 mtr high.
Outstanding Enforcements by Parish 01/01/2006 to 03/06/2015 13:16:38
Parish Number Of Cases **UNKNOWN PARISH** 3 ALDINGHAM 780 3 ANGERTON 390 1 ARNSIDE 700 2 BARBON 680 2 BEETHAM 710 8 BLAWITH AND SUBBERTHWAITE 291 1 BROUGHTON WEST (Duddon) 280 1 BURTON IN KENDAL 730 1 CASTERTON 760 2 GRANGE OVER SANDS 590 4 HELSINGTON 340 1 HEVERSHAM 610 2 HOLME 720 2 HUTTON ROOF 740 1 KENDAL 350 8 KENDAL 351 8 KENDAL 353 3 KENDAL 354 13 KENDAL 356 6 KILLINGTON 380 1 KIRKBY IRELETH 401 2 KIRKBY LONSDALE 750 3 LEVENS 460 2 LOWER ALLITHWAITE 570 8 LOWER HOLKER 790 1 LUPTON 660 2 MANSRIGGS 550 1 MIDDLETON 500 2 MILNTHORPE 620 4 NEW HUTTON 370 5 OLD HUTTON AND HOLMESCALES 490 4 PENNINGTON 530 6 PRESTON PATRICK 650 9 SKELSMERGH 210 2 STAINTON 480 3 STRICKLAND ROGER 121 1 ULVERSTON 690 10 ULVERSTON 691 3 URSWICK 770 5 WHITWELL AND SELSIDE 130 2
Total Number of Outstanding Cases 148