5f. ENFORCEMENT REPORT WARD: BR Committee PLANNING COMMITTEE Date of meeting 27 SEPTEMBER 2016 Subject LAND KNOWN AS PLOTS 1, 2 AND 3 FIVE ACRES, LAND ADJACENT TO PLOT 2 FIVE ACRES, SMALL ACRES, THE BUNGALOW AND LAND SURROUNDING THE BUNGALOW, BROOKWOOD LYE ROAD, BROOKWOOD, WOKING, SURREY Author LEGAL SERVICES AJF.. 1. PURPOSE To advise and update Members on the current state of affairs at the Five Acres sites, including recommendations in respect of enforcement action and proceedings in the Magistrates Court following breaches of planning control. 2. SITE DESCRIPTION The site originally known as Five Acres included three plots namely 1, 2 and 3. Further plots have been created including which lies to the north of Plot 1 Five Acres. provides 7 additional pitches. is a residential property on Brookwood Lye Road in-between land owned by Surrey Wildlife Trust and. The railway line runs to the south of the sites. The sites are located within the Green Belt. The site is in a number of ownerships including John Connors, Felix Connors, Maurice Black, Thameswey Housing Limited and Surrey Wildlife Trust. Plot 1 part owned by Mr Maurice Black and Thameswey Housing Ltd owned by Thameswey Housing Limited owned by Thameswey Housing Limited part owned by Mr Maurice Black and Thameswey Housing Ltd owned by John Connors partly owned Thameswey Housing Ltd and Felix Connors owned by Surrey Wildlife Trust (SWT) The attached plans show the site and specific plots referred to. 3. PLANNING HISTORY The site has a long and complex planning history including a number of enforcement notices, appeals, a prosecution in May 2003 and injunction in July 2003. The site has been regularly monitored following the issue of Planning Enforcement Notices back in July 2010 and any minor breaches of planning control identified were remedied at the request of Enforcement Officers.
Recently there has been a significant amount of changes taking place on the site resulting in complaints from local residents. The Planning Committee therefore needs to consider what action to take. 4. WHAT IS AUTHORISED ON EACH SITE Plot 1 Various conditions were imposed including restricting the occupation of the site to Maurice Black, Felix Connors and John Connors and their resident dependants. A further condition was imposed saying that there shall be no more than three pitches on the site, and on each of the three pitches no more than two residential caravans shall be stationed at any time, of which only one shall be a residential mobile home. Planning consent (PLAN/2012/0653) was granted on 22 November 2012 which permits the stationing of a mobile home for Mr Black s son. Again a condition was imposed restricting the occupants to Mr Black s son and immediate family. Planning consent (PLAN/2010/0278) was granted on 8 July 2010 for the installation of 2 No mobile homes for family occupation (daughters). The same conditions apply as with plot 1 above. Planning consent (PLAN/2013/0062) was granted on 22 May 2013 and permits two additional gypsy pitches and ancillary dayrooms. A condition was imposed restricting the use for a period of 2 years. The same conditions apply as with plot 1 above. Planning consent (PLAN/2010/0466) was granted on 9 September 2010 and allows three additional gypsy pitches on this part of the site. Each pitch is permitted to have one mobile home, one touring caravan and one day room. Planning consent (PLAN/2008/0935) was granted on 12 May 2009 for a change of use for the stationing of caravans with ancillary hardstanding for 7 gypsy pitches with ancillary dayrooms. Various conditions were imposed including that there shall be no more than 7 pitches on the site and each of the approved pitches no more than 2 residential caravans shall be stationed at any one time of which only 1 caravan shall be residential mobile home. Planning consent (PLAN/2010/0327) was granted on 29 June 2010 for a change of use for the stationing of caravans with ancillary hardstanding for 7 gypsy pitches with ancillary dayrooms (amendment to PLAN/2008/0935). Various conditions were imposed including that there shall be no more than 7 pitches on the site and on each
of the approved pitches no more than 2 residential caravans shall be stationed at any one time, of which only 1 caravan shall be a residential mobile home. The authorised planning use is as a single residential dwelling. The authorised planning use is for agriculture/nil planning use. The authorised planning use is as a mixed woodland. 5. CURRENT BREACHES ON SITE The following breaches of planning control have taken place on the sites (the list is not necessarily exhaustive, but was correct at the time of writing this report). Plot 1 4 additional gypsy pitches Depositing of waste and raising of the land 2 additional gypsy pitches At the rear, there are 3 mobile homes in positions adjacent to boundary with of Five Acres. Change of use as gypsy pitches and/or storage of touring caravans Depositing of waste and raising of the land Change of use as gypsy pitches and/or storage of touring caravans Hardstanding 6. EXTANT ENFORCEMENT NOTICES Plots 1, 2 and 3
EO492 issued on 19 September 2003 unauthorised change of use from agriculture to mixed use of agriculture, residential and storage of mobile homes. Records confirm the notice was complied with on 18 November 2004. EO493 issued on 19 September 2003 unauthorised engineering operation involving laying of a hardstanding and raising of the land not in connection with agriculture. Records confirm the notice was complied with on 24 April 2004. ENF/2009/00247(B) issued on 20 July 2010 - material change of use of the land from mixed woodland and nil planning use to use as a gypsy site. Appeal (APP/A3655/C/10/2135173) dismissed 28 February 2011. Records confirm the notice was complied with on 22 December 2011 ENF/2009/00247(A) issued on 20 July 2010 the unauthorised erection and location of a large L shaped wooden structure. Appeal (APP/A3655/C/10/2135169) dismissed 28 February 2011. Records confirm the notice was complied with on 22 December 2011 7. EXPEDIENCY OF TAKING ACTION It is considered expedient to take the action recommended in numbered paragraph 8 of this report for the following reasons:- (i) The site is located with the Green Belt and as such is subject to restrictions imposed by national and local policy that prevent any inappropriate development. The unauthorised development is by definition inappropriate development within the Green Belt and contrary to Policy CS6 (Development in the Green Belt) of the Woking Core Strategy Publication Document 2012 and Section 9 (Protecting Green Belt Land) of the National Planning Policy Framework 2012. These set out the limited circumstances where development is considered appropriate within the Green Belt. Proposals of the nature of those subject of this report are not included and are, therefore, inappropriate. They are by definition harmful to the Green Belt. In the absence of special circumstances being demonstrated by the applicant that would justify an exception there is a presumption against such development. (ii) (iii) The site coverage, size of mobile homes and associated development has a detrimental impact on the visual amenity and undermines the openness of the Green Belt contrary to Policy CS6 (Development in the Green Belt) of the Woking Corre Strategy Publication Document 2012 and Section 9 (Protecting Green Belt Land) of the National Planning Policy Framework 2012. The Council does not consider that planning permission should be given because planning conditions could not overcome these objections. 8. RECOMMENDATIONS
It is recommended that:- (i) That the Head of Democratic and Legal Services be instructed to (a) issue the following Enforcement Notices under Section 172 of the Town & Country Planning Act 1990 as amended, and in the event of non-compliance to prosecute under Section 179 of the Town & Country Planning 1990 or appropriate power and/or take direct action under Section 178 of the Town & Country Planning Act 1990 and (b) commence the following prosecutions. Change of Use (COU) Planning Enforcement Notice requiring the removal of the unauthorised additional gypsy pitches within three months of the Notice taking effect. removal of the waste and restoration of the land to its former condition within three months of the Notice taking effect. Change of Use (COU) Planning Enforcement Notice requiring the removal of the unauthorised additional gypsy pitches within three months of the Notice taking effect. Prosecute the responsible persons for breaching Planning Enforcement Notice EO492. removal of the waste and restoration of the land to its former condition within three months of the Notice taking effect. Prosecute the responsible persons for breaching Planning Enforcement Notice EO492. removal of the hardstanding within three months of the Notice taking effect. (ii) Due to the nature of the use of the site, the situation can rapidly change; it is further recommended that the Committee delegate authority to the Development Manager to pursue such Enforcement action as is necessary in respect of any additional and future breaches of planning control at the sites. Any further prosecutions will be authorised by the Head of Democratic and Legal Services under his standing delegation. As set out above, the site is in a number of ownerships. Whilst ownership is not a material planning consideration, the Local Planning Authority will, in accordance with normal practice, seek to resolve breaches with the responsible persons prior to taking formal action.