Decision details

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:

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.

This was a complaint of unauthorised engineering works and tree felling.

1.     Assessment

·  The current owner purchased the agricultural land about 6 months ago. The land had been neglected for approximately 35 years was in poor condition and unmaintained.

·  The owner intends to use the land for agricultural purposes for keeping of pigs and chickens and to maintain and enhance the woodlands.

·  There was a pre-existing open pole barn made of scaffolding poles. He has cleared and levelled the entrance to make it all one level and rebuilt and heightened the eroding bank adjacent to the bridleway/footpath. Prior to doing this he liaised with the council’s officers responsible for highways and byways. He has erected a new front gate.

·  He has removed some aging dead trees and has liaised with the Forestry Commission about what he can and cannot do.

·  Whilst the earth movement could be construed as an engineering operation which might have required planning consent the work seems fairly minimal and there are no photographs available to see what the land was like prior to the recent works, and taking into account all the circumstances it is not expedient to consider taking any enforcement action.

·  The new owner is trying to improve a neglected piece of agricultural land and he has been advised of legislation and procedures should he wish to undertake any future development on the site.

·  In conclusion no further action will be taken.      

Volume of enforcement queries is currently high and officers must prioritise significant planning harm cases. Due to this matter being of low significance planning harm, it is not expedient to pursue and Government guidance suggests that LPA’s should act in a proportionate way and take enforcement action in the public interest. That is not considered to be the case here though the contravener will be contacted and advised this may affect their ability to sell the property in the future.

None