Agenda item

The report of the Team Leader (Enforcement) is attached.

Public Participation:

·         Hannah Rebdi, owners daughter, spoke in support of her parents, Mr and Mrs Rebdi who were owners of The Grange

·         Mr Rebdi, owner of The Grange, spoke in support of the events that took place on his property

·         Roger Morgan, local resident, spoke on behalf of Dave Southwood in support of Mr and Mrs Rebdi

·         Michael Tristram, local resident, spoke in objection to the events taking place at The Grange

·         Graham Shepherd, local resident, spoke in objection to the events taking place at The Grange

·         Maureen Atkinson, spoke on behalf of the Parish Council in support of Mr and Mrs Rebdi

The Committee received a report of the Team Leader (Enforcement) about the unauthorised use of a former barn and adjacent field for events including wedding ceremonies and receptions on land at the Grange, Gaters Lane, Winterbourne Dauntsey.

The Team Leader (Enforcement) explained that the report had been deferred at the last meeting of the Committee so that members had an opportunity to visit the site prior to this meeting.  He reported that it was not the intention of the Council to restrict activities at the site which could be deemed incidental to the enjoyment of the dwelling as detailed in paragraph 18 of the report. This allowed for the occasional family or charity function at the site. 

It was noted that planning permission was required for the owners to continue using the barn as a wedding venue constituted a material change of use of the barn. As the owners had not sought planning permission enforcement action was necessary in order for the commercial activities to cease.  

The Committee was informed that the owners had indicated that their intention was to cease the use of the barn as a wedding venue after 7 September 2013 as that was the date of the last booking.  Officers proposed that enforcement action should not commence until after this date and only if further wedding ceremonies and events took place at the site in future without the owners having obtained prior planning permission in breach of planning control.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.  It was noted that the Committee had visited the site earlier on the day of the meeting.

The Local member, Councillor Mike Hewitt, then spoke to the report.  In particular he raised issues relating to the letters of representation received from neighbours, confirmed that the car parking area was historically a hard standing area as it was a farm yard, permission had been given to fell trees as they were diseased, noise levels, the lane was not used to park cars in and cars could leave the property by the field. 

The Committee then considered the report and raised the following issues:

·         applicants needed to be informed that once a licence had been issued for wedding ceremonies they also needed to apply for planning permission.  It was understood that action had now been taken by the Licensing Authority in relation to this requirement.

·         Entry and exit onto the Portway would cause less problems to neighbours.

·         Supported the officers views that enforcement action would be necessary if after the 7 September 2013 further wedding ceremonies and commercial events took place at the site.  Members also indicated that they would welcome the submission of a planning application by the owners of The Grange to formalise any future events.  

Resolved:

That if after 7 September 2013 the site is used for wedding ceremonies or receptions or any other commercial activity, the Area Development Manager South is instructed to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) and serve it on the appropriate persons, in respect of the following:

Without planning permission, the material change of use of the Land from a residential dwellinghouse and uses incidental thereto, and agriculture; to a mixed use of residential dwellinghouse, agriculture and use for the holding of events including wedding ceremonies and receptions.

The Enforcement Notice to require the following step to be taken:

Cease the use of the Land for the holding of events including     wedding ceremonies and receptions.

Time for compliance with the Enforcement Notice from the date the Notice takes effect:

            One month.

Reason for serving the Enforcement Notice:

1.         The use of the Land for the holding of events including wedding           ceremonies and receptions has seriously detracted from the standard of residential amenity enjoyed by nearby dwellings by            reason of the levels of undue noise and disturbance caused by             the activity on the Land and the vehicular comings and goings to    the Land, in particular during unsocial hours, all therefore being       contrary to ‘saved’ policy G2 (vi) of the Salisbury District             Local Plan.

2.         Gaters Lane is narrow, unlit, with few passing places and lacking          footways with a poor junction lacking adequate visibility onto the C56 Portway in particular, and; is unsuitable to accommodate the substantial additional traffic generated by the continued use of            the Land for the holding of events including wedding ceremonies and receptions without causing serious harm to          highway safety conditions, being contrary to ‘saved’ policy G2 (i)          of the Salisbury District Local Plan.