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: 

(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 land in use is adjacent to a domestic house, previously used as a dwelling house for the publican of the village pub, which is next door, further into the village. The pub and house are now owned by the same person. The pub is open 7 days a week, and it’s popularity has developed that, as such, on occasions the owner allows vehicles to park on his land. (This area was subject to a previous complaint concerning similar use as storage for building materials. That matter was resolved). The only alternative would be to have the vehicles parked in the street, causing traffic flow problems as this road is quite narrow. I contacted the local Parish Council for further information as it was also suggested that there was a similar use of land, also owned by the landlord, adjacent to the church whereby he allowed such use during busy periods. The local PC did not provide any further information, nor has there been any complaints.  

As such, it would appear that this occasional use would not be considered as so serious as to be causing harm and therefore de minimus. 

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.

N/A