Decision Maker: Executive Director, Place
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To issue an Enforcement Notice relating to land at E376510 N 128610 West Bourton Road to Depley Farm - Lane Bourton. The requirements of the Enforcement Notice are as follows:
· Cease the use of the land for human habitation.
· Remove from the land any caravans used or intended for human habitation.
· Remove from the land any sheds or buildings used in association with the human habitation of the land, together with any other paraphernalia brought onto the land in association with the human habitation of the land.
· Break up the concrete pad used to site the mobile home (caravan) and remove any resultant rubbish from the land.
· Remove the sewage treatment plant from the land and backfill the resultant pit with soil sourced in the immediate area of the pit.
· Restore the land, other than the area of hard standing, to its former condition by allowing the land to reseed naturally.
The decision to issue this Enforcement Notice is taken under delegated powers, as set out in paragraph 145 of the Officer Scheme of Delegation. These powers have been nominated to the below authorised officer.
The use of the land for residential occupation, and the installation of a mobile home (caravan) and associated sewage treatment plant, sheds and other paraphernalia, do not benefit from planning permission, and constitute a breach of planning control. It appears to the Council that the breach of planning control has occurred within the last ten years, with the associated operational development occurring within the last four years.
A planning application (P/FUL/2021/02065) to continue use of the land to site a mobile home was refused on 02/02/2022 on the basis of the unsustainable location (with the site being located outside any settlement boundary) and the lack of need or justification for the development. The officer report for application P/FUL/2021/02065 sets out that the development is considered to lead to an adverse impact on the environment due to the unsustainable location (with reliance on the private motor car to access goods, facilities and services) and that the development results in the urbanization of a relatively isolated piece of agricultural land, to the detriment of the rural character of the area.
Officers are not aware of any personal circumstances that would outweigh the harm that is caused by this breach of planning control.
It is considered to be expedient, and in the public interest, to take enforcement action against this breach of planning control.
Officers are not aware of any exceptional circumstances which may justify not taking enforcement action in this case. As set out above, it is considered to be expedient and in the public interest to take enforcement action, and the alternative option of not taking enforcement action is rejected.
No members were consulted in arriving at this decision.
Publication date: 11/05/2022
Date of decision: 09/05/2022