Agenda item

To consider the attached report from the Principal Enforcement officer.

Public participation:

Lt. Col. Stephen Bush, spoke in support of recommendation B, as per the report

Mr Will Simpson-Gee spoke in support of recommendation B

Mr Henry Colthurst spoke in support of recommendation B

Mr Tony Allen, the agent, spoke in support of recommendation A

Mr Will Grant, the owner, spoke in support of recommendation A

Mrs Susan Grant, the owner, spoke in support of recommendation A

The Planning Officer introduced the report and drew members’ attention to the late list.

The Committee discussed the options presented by the case officer regarding the Council’s interpretation of Part 4 of the General Permitted Development Order (GDPO), the implications of this and the prospect of taking enforcement action in light of this against the operators of the aforementioned site.

The issue of whether the site subject of the report could and should be considered to be one or two planning units was also discussed.

Resolved:

That the Area Development Manager (South) be authorised to issue the following Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 and serve it on the appropriate person(s) as follows:

Alleging the following breach of planning control:

Without planning permission, the use of the Land for temporary events, in particular the use as a temporary camping site for the stationing and human habitation of tents, in excess of that permitted by Part 4, Class B of the Town and Country Planning (General Permitted Development) Order 1995.

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

1. Remove any tents stationed on the Land; and
2. Cease permanently the use of the Land for temporary events, in particular the use as a temporary camping site for the stationing and human habitation of tents, in excess of that permitted by Part 4, Class B of the Town and Country Planning (General Permitted Development) Order 1995.

Timescale for compliance with the Enforcement Notice:

Step 1: One month.

Step 2: One month.

Reasons for serving the Enforcement Notice:

1. The Land is situated within a prominent part of the landscape, which is designated as a Special Landscape Area, and lies against the backdrop of the Winterbourne Stoke Conservation Area and is in close proximity to a Site of Special Scientific Interest/Special Area of Conservation. The Land is also in close proximity to a number of residential properties. The unlimited use of the Land as a camping site for the stationing and human habitation of tents in excess of the 28 days per calendar year permitted by Part 4, Class B of the Town and Country Planning (General Permitted Development) Order 1995, has had a significant and unacceptable visual impact upon the landscape qualities of the area, including the setting of the Conservation Area, and it is not considered that this harm is outweighed by economic benefits or could be satisfactorily addressed through new landscaping. The use has also seriously adversely affected neighbouring and nearby residential amenities, by reason of the undue noise and disturbance caused by activities on the Land, in particular late at night, anti-social behaviour and associated comings and goings to and from the Land. To permit the development to continue would therefore be contrary to the aims and objectives of the adopted Salisbury District Local Plan, including saved policies G1, G2, C2, C6, CN11 and T9, and the guidance contained within PPS4, PPS5, PPS7 and the Good Practice Guide for Planning & Tourism.

That the Area Development Manager (South) also asks the Litigation Team to investigate enforcement against any breach of the Section 106 Undertaking in respect of temporary camping in excess of that permitted by Part 4, Class B of the Town and Country Planning (General Permitted Development) Order 1995.

That the Committee considers, for the avoidance of any doubt, that the whole site, being the land used for temporary camping, the certified caravan site and the land to the south associated with Summerfield House, should all be considered as a single planning unit.

That the Area Development Manager (South) investigate the issuing of a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995, to remove “permitted development” rights under Parts 4 and 5 of the 2^nd Schedule of that Order.