Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
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Case Ref: |
EN/2024/00074 |
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Nature of Enquiry: |
Alleged untidy site. |
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Location: |
The
Ferns Back Lane Kingston Hazelbury Bryan DT10 2DT |
This decision is taken under delegated powers set out in
Paragraph 145 of the Officer Scheme of Delegation in the Council’s
constitution, which grants delegated authority to undertake all action in order to regulate any actual, perceived or potential
breach of any of the Town and Country Planning Legislation
including:
(f) to determine whether or not to take and/or to cease action whether
because in his/her opinion the breach is trivial, there is insufficient
demonstrable harm and/or, it is not expedient to take / continue to take action
This authority has been delegated to me through the Local
Scheme of Nomination for the Executive Director for Place.
The site is an active industrial estate and from aerial imagery and photographs obtained by visiting officers the site has been tidied up. The matter was reported by Env health but there is no record of further contact since their initial report. There is no evidence to support that site should be subject of a Section 215 notice.
The alternative
option would be to pursue formal enforcement action. However, due to this
matter being of low planning harm, it is not expedient to pursue formal action.
This is in line with Government guidance which suggests that Local Planning
Authorities should act proportionately in responding to suspected breaches of
planning control.
Publication date: 28/01/2026
Date of decision: 09/12/2025