Decision details

Decision: To serve an Enforcement Notice

 

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:

 

(a) any action to seek to regulate any actual or perceived breach of any notice, order, agreement, obligation and/or other document, condition, restriction and/or other limitation issued or provided for pursuant to such Town and Country Planning Legislation;

 

(b) the undertaking of any site visit;

 

(c) to determine whether to issue any notice including: (iii) any enforcement notice;

 

This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place.

1. There has been an unauthorised material change of use of the Land from mixed agricultural and canine training uses to a mixture of uses comprising uses for:

a. residential purposes,

b. open storage, and

c. the deposit of waste and scrap materials

d. Occasional stationing of caravans and other structures on the Land as sleeping accommodation

e. Lawful agricultural use

f. Lawful canine training use.

 

2. It appears to the Council that the material changes of use of the Land have occurred within the past 10 years and pursuant to s171B(3) of the TCPA 1990 are not immune from enforcement action.

 

Relevant Policy

The relevant policies in respect of the Land and the breach alleged are –

·         Christchurch and East Dorset Local Plan, Part 1, Core Strategy, April 2014.

Policies:

o   HE2 – Design of New Development

o   HE3 – Landscape Quality

o   ME2 – Protection of the Dorset Heathlands

o   ME3 – Sustainable Development

o   KS3 – Green Belt

o   ME6 - Flood Management, Mitigation and Defence

·         The Dorset Heathlands Planning Framework 2020 – 2025 Supplementary Planning Document (SPD)

·         Dorset Council Level 1 Strategic Flood Risk Assessment Final Report February 2023

·         Conservation of Habitats and Species Regulation 2017,

·         Article 6 (3) of the Habitats Directive having due regard to Section 40(1) of the NERC Act 2006

 

Other Material Considerations

·         National Planning Policy Framework 2024 [NPPF] – 11,13,137,154-155. Protection of the Green Belt.

 

Key Local Constraints

·         Green Belt

·         SSSI Impact Risk Zone

·         250m of Upton Heath Site of Special Scientific Interest (SSSI) which forms part of the Dorset Heathlands Special Protection Area and Dorset Heaths Special Area of Conservation.

 

Key Considerations

(i)            Whether planning permission ought to be granted for the breaches of planning control referred to at Part 3. Above including whether any very special circumstances exist for such permission to be granted

(ii)          Green Belt

The Land lies within open countryside and within the South East Dorset Green Belt. The essential characteristic of green belt is openness and permanence of land being kept open.

 

The development and use of the Land is contrary to National Planning Policy Framework December 2024 (NPPF) Chapter 13: Protecting Green Belt Land, particularly paragraphs 142-155 as the change of use and associated mobile home, and accumulations are inappropriate development in the green belt and do not sit in any of the exceptions to inappropriate development set out in NPPF paragraphs 154 & 155 and cause harm to the open nature of the Green Belt.

 

3. No application to develop the site has been received, but neither planning conditions nor planning obligations would overcome the objection in principle to above breaches or the harm created.

 

For the above reasons it is considered necessary and proportionate to issue an Enforcement Notice to rectify the planning harm caused by the unauthorised breaches of planning control.

To take no further action – this is not deemed suitable due to the planning harm identified.

N/A