Agenda Item No Committee Planning and Highways Sub Committee Date 20 April 2005 Report by Director of Transport and Environment Subject Development control matters and Site Monitoring Purpose To inform Members about activities undertaken under delegated powers and development control performance for the period since 1 January 2005 and about activities undertaken in accordance with the Site Monitoring Policy SUMMARY OF RECOMMENDATIONS The Sub-Committee is recommended to note the report. CONSIDERATION BY DIRECTOR OF TRANSPORT AND ENVIRONMENT 1. Enforcement 1.1 In the 3 months since January 2005, 19 new complaints have been received. All the cases relate to waste activities. Of these new cases only one has been resolved within the last quarter but ten older cases have also been resolved. Accordingly, the number of sites currently being investigated or subject to formal action stands at 57, which is an increase of eight in the total number of cases that were outstanding at the end of the previous quarter. This increase in the overall number of cases is a reflection of the officer time being taken up by the nature and complexity of some of the current cases. 1.2 On 7 March 2005, new regulations relating to Temporary Stop Notices came into effect. Under the provisions of the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005, it is now possible for local planning authorities to issue a temporary stop notice. This differs from the previous powers available whereby an enforcement notice had to be served before a stop notice could be issued. Once served, the new temporary stop notice takes effect immediately and it is an offence for anyone to breach the terms of the notice – attracting a maximum penalty of £20,000 on summary conviction. As the name implies, the new temporary stop notice is only valid for a period of 28 days and it is important, therefore, to ensure that other formal enforcement action is pursued without undue delay. 1.3 Members may be interested to note that one of the new temporary stop notices was used by the Council’s enforcement staff less than five days after the new regulations came into effect. The site, Ren’s Shaw in Staplecross, was visited following a complaint that had been received via Rother District Council and, due the scale of the works being undertaken and the harm being caused, it was considered appropriate that immediate enforcement action be taken. There were concerns that work, including the significant unauthorised importation of waste would not stop, pending the resolution of the situation. Twenty four hours after the initial visit, officers returned to the site and the landowner and a number of different operators were served with a temporary stop notice to prevent further harm being caused. This included the driver of a lorry about to deposit further waste. The matter is now the subject of continuing investigations and enforcement action and Members will be advised of progress in future reports. 1.4 In relation to other cases which may be of interest, the Council’s decision to pursue a prosecution of a landowner who failed to comply with the requirements of an Enforcement Notice has resulted in two preliminary hearings being held at Hastings Magistrates Court. The landowner of the site in Watermill Lane, Bexhill has pleaded not guilty and a two day trial has been set for 7 and 8 June 2005. Members will be advised of the outcome of the case in future reports. 1.5 Appendix 1 of this report provides more detail on the individual sites with which officers have been involved and the status of current investigations. Additional information on these sites can be obtained from the relevant officers listed at the end of this report. 2. Site Monitoring 2.1 Work has been continuing on the site monitoring programme, although the number of visits it has actually been possible to make has been restricted by other work pressures, including the determination of planning applications and current levels of enforcement work. Appendix 2 of this report provides details of the monitoring visits that have been undertaken since January 2005. 2.2 Additional information on the site monitoring programme or individual sites can be obtained from the relevant officers listed at the end of this report. 3. Development Control 3.1 For 2004/5 in relation to BVPI 109, we have set ourselves the development control target of deciding 50% of County Matter applications (excluding those requiring an environmental assessment) within 13 weeks, and, 75% of County Council applications within 8 weeks. 3.2 For the period January 2005 to March 2005 (inclusive) a total of 23 applications were determined (3 County Matter and 20 County Council applications). Of the relevant applications, 100% of County Matter applications were determined within 13 weeks, which is clearly within the Department’s target for the development control service during 2004-2005 and 50% of County Council applications were determined within 8 weeks, which falls below the Department’s target. This reduced performance level was due to the abnormally high number of applications which required amended plans or additional information, or needed to be referred to the Sub Committee for determination because of the receipt of objections. 3.3 However, the cumulative figures between April 2004 and March 2005 are 82% of relevant County Matter applications determined within 13 weeks and 80% of County Council applications determined within 8 weeks, both of which exceed the Department’s targets for 2004/5. 4. Appeals 4.1 Work is continuing on the appeal made by British Gypsum Limited against the Council’s decision to refuse planning permission for the abandonment of two culverts which carry the River Line beneath a plasterboard landfill; diversion of the River Line around the landfill in a combination of open channel and culvert; provision of dedicated drainage and treatment for surface water run off from Gypsum stockpile areas; other miscellaneous pollution control and drainage works; and the extension of the lorry park adjacent to gate house. The appeal will be dealt with by way of a Public Inquiry, the preliminary date for which has been set for 8 and 9 November 2005. 4.2 An appeal in respect of the refusal of planning permission at Cophall Wood, Polegate is to be considered at a Hearing. The County Council’s and appellant’s cases have been exchanged but no date has currently been set for the Hearing before an appointed Inspector. However, in view of the approval of application WD/427/CM at the last meeting, the appellant is likely to withdraw this appeal. 5. Paragraph 7 Consultations 5.1 This section reports on the progress of ‘Paragraph 7’ consultations. These are those applications made to District and Borough Councils which either raise strategic planning issues or fall within “Notified Sites” because of their potential impact on minerals and waste issues or on developments the County Council itself proposes to undertake. 5.2 The last report on progress on Paragraph 7 consultations was in January 2005 and covered consultations received up to December 2004. This report therefore covers the latest position on: • all consultations where a final decision was still outstanding at the last report; and • those new consultations received since December 2004. 5.3 Appendix 3 contains the details. Table 1 itemises the consultations that were reported to this Sub Committee, summarises the County Council’s responses and sets out the latest position on each case. Table 2 covers the same kind of information for those Paragraph 7 cases dealt with by officers under delegated powers. 5.4 Overall, in the period between December 2004 and April 2005, four consultation applications were received. Of these, two consultations raised no strategic planning issues and were not treated as Paragraph 7 consultations. Of the two remaining consultations received, one was dealt with by delegated powers (RR/2005/0284 – the erection of apartment buildings at Nazareth House, Bexhill). The other is a revised application for the demolition of existing buildings including White House School and the erection of a retail store for Tesco at Hailsham which was reported to this Sub-Committee on 12 January 2005. This application is not yet determined. 5.5 One decision has been made since December 2004, which was a refusal. It was for an outline application for the demolition of buildings and the erection of a Lidl food store in Newhaven but outside the town centre. This application was called-in by the Secretary of State who accepted the Inspector’s recommendation for refusal. This decision was in line with the County Council’s view for similar reasons. Again this indicates the importance of structure plan policy and the degree of influence the Sub-Committee has in these significant applications when tested at inquiry. 6. Contact Officers 6.1 Members with any queries about enforcement matters should contact either Sarah Iles (01273 481631) or Stewart Glassar (01273 481595). Members with queries on development control matters should contact either David Vickers (01273 481629) or Tessa McGilvary (01273 481833) for County Council development or Stewart Glassar for County Matter development. Members with any queries about site monitoring should contact Sarah Iles. 6.2 Members with any queries relating to Paragraph 7 consultations should contact either Mike Langthorne (01273 481618) or Hannah Mears (01273 482017). BOB WILKINS Director of Transport and Environment BACKGROUND DOCUMENTS Current Enforcement and Planning Files. Applic6 Database. APPENDIX 1 Quarterly Development Control Report – Enforcement Tables Table 1: Breaches of Planning Control Previously Investigated and Resolved Since January 2005 DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH July 1996 Tidemills, Breach of various Further letter sent to the Environment Agency Newhaven.