Decision details

EN/2024/00074 - Alleged untidy site

Decision Maker: Officer Delegated Decision

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Case Ref:

EN/2024/00074

Nature of Enquiry:

Alleged untidy site.

Location:

The Ferns Back Lane Kingston Hazelbury Bryan DT10 2DT

 

Decision:

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.

 

Reasons for the decision:

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.

Alternative options considered:

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