AGENDA ITEM 7 Chichester District Council Planning Committee Wednesday 24 July 2013 Schedule of Outstanding Contraventions 1 This report presents the schedule of outstanding planning enforcement contraventions. The report updates the position on those contraventions included on the previous schedule and those cases that have since been authorised up to 30 June 2013. It is not a full list of enforcement cases. Please note that from 1 April 2012 all new complaints within the National Park are being registered on the South Downs National Park (SDNP) system. Those complaints received prior to 31 March 2012 will remain on the Chichester District Council (CDC) system until the file is closed. Statistics as at 30 June 2013 2 Case Numbers CDC SDNP cases SDNP cases Total (included in CDC (on SDNP figures but remaining system) on CDC system until closed) On hand as at last 323 48 74 397 report: Cases received since 129 0 53 182 last report: Cases closed since last 95 12 42 137 report: Current number of cases 357 36 85 442 on hand: 3 Breakdown by Year Breakdown of the outstanding cases are as follows: Outstanding cases logged Pre- Enforcement Strategy (pre 2009) 44 Outstanding cases logged in 2010 38 Outstanding cases logged in 2011 62 Outstanding cases logged in 2012 (CDC System) 91 Outstanding cases logged in 2012 (SDNP System) 27 Outstanding cases logged in 2013 (CDC System) 122 Outstanding cases logged in 2013 (SDNP System) 58 4 Performance Indicators Financial Year 2013-2014 CDC Area Only a Acknowledge complaints within 5 days of receipt 92 % b Time taken to initial visit from date of complaint: Low within 20 days (76 cases) 95% Medium within 10 days (40 cases) 95% High with 2 days (one case) 100% c Time taken to notify complainants of action decided from date of complaint: Low within 35 days (65 cases) 98% Medium within 20 days (33 cases) 97% High within 9 days (one cases) 100% d Notices served within 10 days of authorisation (10 Cases) 100% between 01.04.13 to 30.06.13 5 Performance Indicators have not been made available for cases within the South Downs National Park 6 Notices Served 01 April – 30 June Total in FY 2013-2014 Notices Served CDC SDNP CDC SDNP Enforcement Notices 14 2 14 2 Breach of Condition Notices 2 2 Stop Notices Temporary Stop Notices Section 215 Notices 2 2 High Hedge Remedial Notices Tree Replacement Notice Total 18 2 18 2 7 If members have any specific questions on individual cases, these should be directed to the contact officer Shona Archer (Enforcement Manager) on 01243 534547 OUTSTANDING CONTRAVENTIONS – SOUTH DOWNS NATIONAL PARK CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice CON1950 Bignor Park Mobile Home and shed 24.06.92 EN issued - Mobile Home [MH] CONMHC Nursery Bignor Court hearing - 08.11.04. Prosecuted for non-compliance and Road Bury fined £6,400. 92/01950/ 16.06.10 – MH on the land. CON Owner interviewed under caution. Letter sent 19.11.10 BY/97/00627/ requesting removal of the mobile home by 31.03.11. ECOUNP 03.08.11 - mobile home not removed. 16.08.11 – Prosecution paperwork to Legal. 22.11.12 – committee agreed to allow a further 6 months in which to comply with the Enforcement Notice. 03.06.13 – site visit. Mobile home still in situ. Owner states Intention to make an application to retain MH in connection with horticultural nursery. 12.07.13 – prosecution paperwork sent to Legal Services. CON1950 Bignor Park Use of building as 29.09.05 EN issued for removal of green shed. CONMHC Nursery Bignor single dwellinghouse After two public inquiries, appeal dismissed BY/97/00058/ Road Bury 11.04.13 & 03.06.13 – site visits confirmed building no longer CONMHC being used as residential accommodation. Officers seeking BY/97/00627/ compliance with regard to removing fixtures and fittings from ECOUNP the building. Further site visit planned in July. SDNP/12/00182/ Bignor Park Construction of 29.10.12 EN BY/18 issued UNAWKS Nursery vehicular access by the Compliance date 10.03.13 Bignor Park Road removal of the 21.03.13 – site visit showed remedial work not carried out. BY Bignor hedgerow and the 11.04.13 – site meeting to discuss compliance; deposit and 03.06.13 – site inspection completed. Access blocked up but compaction of further remedial work required. hardcore. CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice EL/SDNP/ Round Barrow Without planning 03.04.13 EN EL/5 issued 00109/ Woolavington permission engineering Appeal in progress – Written Representation UNAWKS Down works that include the Beechwood Lane creation of earth bunds East Lavington West Sussex EL/10/00712/ Popple Meadow Without planning 18.12.12 EN EL/4 issued EBCNP Graffham permission erection of Appeal in progress – Written Representation Petworth brick piers, wing walls West Sussex and entrance gates GU28 0QF EL/10/00712/ Popple Meadow Without planning 25.10.12 – instruction forwarded to Legal Services EBCNP Graffham permission erection of 03.01.13 – Draft notice returned to LS Petworth a dwellinghouse 14.01.13 – Negotiation with Agent and Parish Council West Sussex 12.3.13 Final warning sent to agent GU28 0QF Planning application SDNP/13/01674/FUL – to re-landscape front of house and remove steps- decision pending EL/10/00712/ Popple Meadow Breach of condition 5 25.10.12 – instruction forwarded to Legal Services EBCNP Graffham of planning permission 03.01.13 – Draft notice returned to LS Petworth 07/0334/FUL – site 14.01.13 – Negotiation with Agent and Parish Council West Sussex levels 12.3.13 Final warning sent to agent GU28 0QF Planning application – SDNP/13/01674/FUL to re-landscape front of house and remove steps - decision pending CON NO ADDRESS DETAILS OF BREACH DATE OF COMMENTS NOTICE EN = Enforcement Notice/BCN = Breach of Condition Notice HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice ES/11/00308/ Land at Rother Untidy Land 06.12.11 S 215 Notice issued. Compliance date 17.04.12 EACCNP Farm 13.07.12 – Appeal Hearing at Worthing Magistrates Court: Fitzhall Road 1. Notice upheld on the basis that the materials placed on Elsted the land do affect its amenity; Midhurst 2. The period for compliance with the notice is extended GU29 0JS to 6 months after the determination of the prior approval application by the Council. The materials must either be used in the Development within that time or, if the application is refused, removed. 3. Costs were awarded in the Council’s favour in the sum of £1433.70 – £1,320 in respect of legal costs and £113.70 of investigation costs. 30.11.12 - SDNP/12/01381/AGA permitted. New compliance date – 01.06.13 01.06.13 - site visit confirmed non-compliance. Letter before action sent to contravener. 02.07.13 – site meeting with landowner the outcome of which is to proceed to prosecution. ES/SDNP/13/ Land Adjoining Old Breach of condition 2 12.03.13 BCN EN ES/6 issued 00020/ENGOP Pipers of planning permission Appeal lodged – Public Inquiry 25 & 26 Sept 2013 (WSCC Ingrams Lane 02/01686/DOM – track Richmond Room) Treyford and hardstanding CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice FH/08/00347/ Land at Without planning 24.11.11 EN FH/19 issued EDWENP Brackenwood permission change of 18.07.12 - Appeal dismissed. Telegraph Hill use for the land to 07.12.12 – Leave to appeal to the High Court refused. Midhurst stationing of a mobile New compliance date –18.01.13 GU29 0BN home for the purposes 16.10.12 – Letter from the appellant requesting the LPA vary of human habitation the notice. 10.01.13 – site visit to check occupation of the timber log cabin. Still in breach. Informed agent LPA would be commencing prosecution proceedings. 13.02.13 – application received for certificate of proposed lawful development (SDNP/13/00702/LDP). If approved and implemented this would address the steps required in the notice. Await determination of this application. FH/11/00487/ Land at Change of use of the 11.02.13 EN FH/22 EAGRNP Brackenwood land to a mixed use Appeal lodged – Public Inquiry 31.07.13 (Committee Room 1) FH/10/00140/ Telegraph Hill comprising of cancelled – date to be rearranged. ESHNP Midhurst equestrian use and 11.06.13 - application for retention of the operational GU29 0BN agriculture, namely the development refused (SDNP/13/1290/FUL). keeping and training S78 appeal lodged. Conjoined appeal scheduled for public polo ponies inquiry to be held on 15-17 October 2013. FH/11/00487/ Land at Construction of 11.04.13 EN FH/23 EAGRNP Brackenwood buildings, horse walker Appeal lodged – Public Inquiry 31.07.13 (Committee Room 1) FH/10/00140/ Telegraph Hill fencing, hardstanding, cancelled – date to be rearranged. See above ESHNP Midhurst trailer ramp, access GU29 0BN track, parking area and exercise track. CON NO ADDRESS DETAILS OF BREACH DATE COMMENTS OF EN = Enforcement Notice/BCN = Breach of Condition Notice NOTICE HHRN = High Hedge Notice/TSN = Temporary Stop Notice SN = Stop Notice/HRN = Hedge Replacement Notice FH/10/00560/ Land North East of Change of use of the 05.12.12 EN FH/20 issued EENGNP Court Farm land for the stationing Appeal in progress – Written Representations; Miggs Lane of a mobile log cabin Awaiting date for PINS site visit.