AGENDA ITEM: PLANNING COMMITTEE: 17TH MARCH 2005 ___________________________________________________________________ __ Report of: Executive Manager Planning & Development Services Contact for further information: Miss E.O.M. Woollacott (Extn. 5135) SUBJECT: ENFORCEMENT ITEMS 1. PURPOSE OF REPORT 1.1 To bring to Members’ attention those alleged breaches of planning control where a decision needs to be made as to whether authorisation be given to issue formal Notices. 2. RECOMMENDATION 2.1 (a) That the Council’s Secretary and Solicitor be authorised to issue Notices of the types and under the Sections of the Town and Country Planning Act 1990 as set out below, requiring the steps to be taken within the time periods and for the reasons, all as set out below. (b) That the Council’s Secretary and Solicitor be authorised to take proceedings in the event of non-compliance with any of the Notices. 3. BACKGROUND 3.1 The following are the alleged breaches of planning control on which I consider authorisation to issue notices would be appropriate. As with all such cases, I shall, during implementation of the appropriate procedures, continue to negotiate to try and achieve removal of the breaches without the need for formal action. The cases are set out below, including an indication of the type of notice, the steps to be taken, the time period for compliance, and the reasons for the notices. 4. E/05/0008 – PARK FARM BARN, CROSTON DRIVE OFF HOLMESWOOD ROAD, RUFFORD ALLEGED BREACH – USE OF THE LAND AND BUILDING FOR THE STORAGE AND REPAIR OF VEHICLES 4.1 The site comprises a barn (concrete block and wooden slat walls and metal roof) and surrounding land that used to be part of the Park Farm agricultural holding about 400 metres north-west of Rufford New Hall adjacent to Spring Wood. Consequently it is within the Rufford Park Conservation Area. It is accessed via a single lane (about 4 to 4.5 metres wide) track, which runs from Holmeswood Road along the western boundary and round the north-western corner of Rufford Park. The barn is adjacent to a U-shaped building that has been converted into six dwellings. 4.2 The building and land are being used for the storage/parking and repair of vehicles. An application for the retention of the use was submitted in January 2005, but lacked sufficient information to be validated. This information is still outstanding and I now consider it expedient to bring this matter to a speedy resolution. 4.3 I am of the opinion that the use of the site for the storage and repair of vehicles is inappropriate development in the Green Belt. The use of the land for the open storage/parking of all types of vehicles, equipment and associated materials and the vehicles that service it and/or are there for repair works and the activities related to the use have an adverse effect on the visual amenity and openness of the Green Belt and constitute a form of encroachment. As such, the development would conflict with the requirements of Policy GB.2 in the West Lancashire Local Plan and Policy DS2 of the Deposit Draft West Lancashire Replacement Local Plan. The use also fails to preserve or enhance the character and appearance of the conservation area as required by Policy CA.1 in the West Lancashire Local Plan and Policy EN4 in the Re-Deposit Draft West Lancashire Replacement Local Plan. 4.4 Also, given the close proximity to residential properties, the open storage and repair activities have an adverse effect on the amenity of the occupiers of the units. As such, the development would conflict with the requirements of Policy GB.4 in the West Lancashire Local Plan and Policies DS2 and GD1 of the Re-Deposit Draft West Lancashire Replacement Local Plan. 4.5 The building is served by a long (about 720 metres) drive that is designed only to take domestic traffic, so it is substandard for commercial purposes. As such, the development would conflict with the requirements of Policy T2 in the West Lancashire Local Plan and Policy GD1 of the Re-Deposit Draft West Lancashire Replacement Local Plan. 4.6 Therefore, I consider it is expedient to pursue enforcement action to remedy this breach. 4.7 Type of notice - Enforcement notice under Section 172. Compliance period – One month. Steps to be taken: 1. Cease the use of the land and building for the storage/parking and repair of vehicles. 2. Remove all the materials, equipment and associated vehicles from the site. Reasons for the service of the notice: 1. The use of the land and building for the storage/parking and repair of motor vehicles conflicts with Policy GB.2 in the West Lancashire Local Plan, Policy DS2 of the Re-Deposit Draft West Lancashire Replacement Local Plan, Policy 4(d) of the adopted Lancashire Structure Plan, Policy 6 of the Deposit Draft Joint Lancashire Structure Plan and advice given in Planning Policy Guidance Note 2 (Green Belts) in that, by reason of the open storage of all types of vehicles, equipment and materials and the commercial nature and scale of the repair use and its associated activities adversely affect the visual amenity and openness of the Green Belt and constitute unacceptable encroachment. 2. The use of the land and building for the storage/parking and repair of motor vehicles conflicts with Policy CA.1 in the West Lancashire Local Plan and Policy EN4 of the Re-Deposit Draft West Lancashire Replacement Local Plan in that, by reason of the open storage of all types of vehicles, equipment and materials and the commercial nature and scale of the repair use fail to preserve or enhance the character and appearance of the Rufford Park Conservation Area. 3. The use of the land and building for the storage/parking and repair of motor vehicles conflicts with Policy GB.4 in the West Lancashire Local Plan and Policy GD1 of the Re-Deposit Draft West Lancashire Replacement Local Plan in that, by reason of the open storage of all types of vehicles, equipment and materials and the commercial nature and scale of the repair use adversely affect the residential amenity of the occupiers of the nearby residential properties. 4. The use of the land and building for the storage/parking and repair of motor vehicles conflicts with Policy T.2 in the West Lancashire Local Plan and Policy GD1 of the Re-Deposit Draft West Lancashire Replacement Local Plan in that the access drive serving the building is substandard for use by a commercial business. 5. E/05/0009 – ROBBINS BRIDGE FARMHOUSE, SPRINGFIELD ROAD AUGHTON ALLEGED BREACH – UNTIDY SITE 5.1 The site comprises the land around Robbins Bridge Farmhouse, the atterl being highly visible from the main Liverpool/Ormskirk Road near the district boundary with Sefton MBC. Planning permission was granted for extensions to the dwelling in 1998 and although work started the building has been left in a partially completed state for over five years. Consequently, it has been the subject of vandalism and fires. Thus, the site is covered with bits and pieces, including the chassis of a caravan, propane bottles, building materials and general rubbish. My officers have contacted the owner via a mobile phone number only and he will not divulge an address. His estate agent is in the same position as the property has been up for sale for quite a few years. 5.2 Given the state of this prominent site and that it has been in this condition for a fairly long time I am of the opinion it is detracting from the amenity of this rural area. Therefore, I consider it appropriate to serve an untidy site notice in order to resolve this matter. The notice will be put on the site and the owner advised by telephone. If the latter does not comply with the notice, he shall be guilty of an offence and liable to a fine. Also, the Council could clear the site and if unpaid such costs would be registered as a land charge. 5.3 Type of notice – Untidy site notice under Section 215. Compliance period – One month. Steps to be taken: Remove from the site all the general rubbish, including the chassis of a caravan, propane bottles and building and waste materials. Reason for service of notice: The present condition of the site is severely detrimental to the amenity of the area. 6. E/05/0011 – DUNKIRK FARM, SHORE ROAD, HESKETH BANK ALLEGED BREACH – USE OF THE LAND AND BUILDING FOR THE STORAGE/PARKING OF VEHICLES, A SKIP HIRE OPERATING CENTRE AND LANDSCAPING CONTRACTOR’S YARD 6.1 The site is located on the southern side of Shore Road and comprises a Dutch-type barn with an access track running along the western boundary. Immediately to the south-east is Dunkirk Farmhouse. It is being used for the carrying out of a landscaping business, skip hire and the storage of redundant vehicles. These practices, along with the general untidiness of the site, have led to telephone complaints from local residents concerning the condition and use of the site. 6.2 Since August 2003, my officers have written on many occasions to the operator, but no reply has been received to the queries that have been raised. It was only on the 17th February 2005 that a certificate of lawfulness application for ‘the parking of goods vehicles, storage of skips for soil and own use’ was received. However, I still consider it expedient to seek authorisation, in order that enforcement action may be expedited in this matter if subsequently deemed necessary.