Item 4 Regulatory Committee 8 May 2018 Planning Enforcement Investigations Recommendation That Members note the information in this report. 1.0 Purpose 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 2.0 contains the current cases under investigation. The cases are divided by district. 1.4 Section 3.0 contains a list of recently resolved matters that are no longer under active investigation 1.5 Section 4.0 contains a list of sites on the regular regime of monitoring arranged by frequency of visit. Page 1 of 8 04 Enforcement Report (Public) - Regulatory Committee 08.05.2018 2. Planning Enforcement Cases NORTH WARWICKSHIRE Address Date Action to date Proposed Next reported Steps Daw Mill Colliery, July 2014 Planning application to Appeal dismissed. Daw Mill Lane, Arley, redevelop the site refused by Meeting arranged to CV7 8HS NWBC. Appeal submitted; discuss future inquiry held February and May actions. Non-compliance with 2017. restoration conditions Marston Fields Farm, December Lakes complete but issues of Appeals lodged Kingsbury Road, 2014 car park, landscaping and against refusal of Marston, Sutton aftercare to be resolved. In planning permission Coldfield, B76 0DP addition some works in for landscape bund preparation for potential future and enforcement Operating outside of development carried out but notice relating to approved area, hard this application refused deposit of waste surfacing; planning December 2017. Appeal material. Awaiting conditions not against this decision timetable from PINS. discharged submitted. Enforcement Written reps. Notices issued March 2018 Field Brook Farm, July 2015 Letters and meeting late 2015 Appeal turned away. Spon Lane, early 2016. Advice from Flood Notice compliance Grendon, CV9 2EX Risk Management sought. date is May 2018. Planning Contravention Farm in new Importation of inert Notices issued and replies ownership with the waste to create received. Enforcement Notice offer to resolve the balancing pond issued 3rd January 2017. problem. Biogen AD Plant, April 2017 Odour detected. Biogen Appeal lodged 18 Merevale Lane, presented options to resolve Jan 2018 but not yet Atherstone, CV9 2LA the odour issue to the Parish progressed by the Council and WCC officers. Planning Odour (breach of Progress not made as agreed. Inspectorate. condition) Enforcement Notice issued December 2017; appeal submitted. Page 2 of 8 04 Enforcement Report (Public) - Regulatory Committee 08.05.2018 NUNEATON & BEDWORTH Address Date Action to date Proposed Next reported Steps Newdigate Colliery, Not Enforcement Notice issued Landowner secured Astley Lane, reported; 2007. Most of site completed, planning permission Bedworth, CV12 0LP officer but small area remains. Site for another site which observation meeting with Arbury Estates will provide soils for Restoration of site January 2017. Proposed completion of the incomplete schedule of works sent and work in early 2018. timescales provided. Canner Aggregates April 2017 Multiple site visits carried out Await determination Ltd, Rear of Unit 4, and some evidence has been of planning Pool Road, gathered. Planning application reference Nuneaton, CV10 Contravention Notices served NBB/18CM009 9AE and reply received. EA also investigating. Planning Waste transfer application submitted. RUGBY Address Date Action to date Proposed Next reported Steps Charles Trent Ltd, December Planning application Await outcome of Newbold Road, 2014 RBC/17CM011 submitted in planning applications Rugby, CV21 1HF relation to point 1. Planning and discharge of application RBC/17CM012 conditions 1)Erection of submitted to retain point 2 for a buildings temporary period. Waste 2) Extension of area removed (point 3). Details 3) Importation and submitted to discharge storage of waste conditions relating to point 4. 4) Breach of conditions Foxley Farm, March Informal visits & letter. PCN Owner exploring Southam Road, Kites 2015 issued and reply received. possible applications Hardwick, CV23 8AA Amount of material increased for similar use. despite assurances it would be Waste importation removed. Enforcement Notice and land raising issued January 2017; compliance due November 2017. Work ongoing to comply with Notice. Moonhill Barn, May 2016 Operator has site in Warwick Owner has not London Road, and has relocated some complied with Notice Stretton-on- activities to resolve issues at by deadline; Dunsmore, CV23 Warwick site. Use did not however, works to 9HY cease in line with timescales develop authorised given. Enforcement Notice site ongoing so Waste transfer issued January 2017. Appeal extension agreed. station against Notice withdrawn by appellant. Page 3 of 8 04 Enforcement Report (Public) - Regulatory Committee 08.05.2018 Rugby Cont. Address Date Action to date Proposed Next reported Steps Holywell House, June 2016 Site visit with operator and Solution proposed; Watling Street, owner. Application to waiting for additional Shawell, Lutterworth, regularise submitted. Working information to be LE17 6AR with Historic England as part of supplied by applicant site is Scheduled Ancient Importation of inert Monument waste material Land on corner of October Site visits. Letter to owners of Await application Main Road and 2016 land. Historic England outcome. Continue Overstone Road, investigating as activity is to work with HE and Withybrook, CV7 offence under appropriate RBC re legal action 9LU legislation. No further Inert waste tipping on importation has taken place. scheduled ancient Stop Notice and Enforcement monument Notice issued June 2017; compliance due January 2018. Non-compliance with Notice. Planning application made to Rugby Borough to retain some of the works. Land at Nettle Hill October Site visited. Further Appeal against Conference Centre, 2016 information required from land Notice submitted. Brinklow Road, CV7 owner to determine scale of Appeal to be 9JL operation. Planning considered by Contravention Notices replies Written Inert waste tipping received. Enforcement Notice Representations issued September 2017. procedure. Statement to be submitted in May 2018. Broomfield Farm, June 2017 Site visits and letter to owner. Site to be visited to Stretton under Planning Contravention Notice monitor compliance. Fosse, Rugby, CV23 issued and reply received. 0PT Use appears to be continuing. Enforcement Notice issued. Skip hire/waste Compliance due April 2018. transfer operation Page 4 of 8 04 Enforcement Report (Public) - Regulatory Committee 08.05.2018 STRATFORD Address Date Action to date Proposed Next reported Steps Land off Kings Lane, December Notice issued August 2016. Further investigation Snitterfield 2012 Compliance with Notice has required to obtain not taken place. At court additional information Deposit of waste hearing 30 January Defendant to enable matter to did not attend; WCC unable to move forward obtain warrant for arrest so proceedings withdrawn to be resubmitted at a later date. Claverdon Sewage March Planning Contravention Notice Public Inquiry 19 – Treatment Works, 2017 issued and reply received. 21 June 2018 Saddle Bow Lane, Use continues. Enforcement Claverdon, CV35 Notice issued July 2017. 8PQ Appeal has been submitted. Use of part of site for waste storage WARWICK Address Date Action to date Proposed Next reported Steps 2 - 8 Lock Lane, May 2014 Application to extend time to Building is being Warwick, CV34 5AG provide building approved by constructed. Regulatory Committee April Continue to check Materials recycling 2017 (ref WDC/16CM019). progress. This site is facility Conditions being discharged. connected to Moonhill Barn (above). Fortress Recycling, October Contact with agent. Planning Further application to Insight House, Blick 2017 application (WDC/17CM023) be submitted. Road, Warwick, was submitted then CV34 6TA subsequently withdrawn. Extension to building Page 5 of 8 04 Enforcement Report (Public) - Regulatory Committee 08.05.2018 3. Recently Resolved Cases Canalside Yard, Brickyard Road, Napton, CV47 8NT – planning applications approved and no further complaints (to be confirmed) Former Edgehill Quarry, Edgehill, Banbury, OX15 6DJ – planning application approved. This site will be monitored as part of formal monitoring regime. Glebe Farm, Whitemoor Lane, Sambourne, Redditch, B96 6NT – no evidence of waste use Marston Hall Industrial Park, Marston Lane, Bedworth, CV12 9SD – further planning permissions obtained from Borough; works to clear waste and develop site underway The Acre, Lawford Heath Lane, Lawford Heath, Rugby, CV23 9HG – no evidence of waste use; Rugby Borough Council investigating compliance with their planning permission The Bryants, Brandon Lane, Coventry, CV3 3GW – no evidence of waste use; some development noted and referred to Borough. The Fisheries, Watling Street, Clifton on Dunsmore, CV23 0AJ – in compliance with planning permission Unit 1 Exis Court, Veasey Close, Attleborough Fields Industrial Estate, Nuneaton, CV11 6RT – no waste use taking place Walworth Farm, Bishops Itchington, CV47 2SR – no waste activity; several matters under investigation by the Borough 4. Monitoring Visits 4.1 Sites visited once per year • Coleshill