Committee Regulatory
Planning Committee
Date 13 October 2021
Report by Director of Communities, Economy and Transport
Subject Development Management Update
Purpose To inform Members about matters relating to planning enforcement undertaken under delegated powers for the period between 1 June 2021 and 30 September 2021 and provide an update on appeals.
Contact Officer: Sarah Iles – 01273 481631
Local Members: All
SUMMARY OF RECOMMENDATIONS
The Committee is recommended to note the report.
CONSIDERATION BY DIRECTOR OF COMMUNITIES, ECONOMY AND TRANSPORT
1. Enforcement
1.1 In the period between 1 June 2021 and 30 September 2021, inclusive, there were twenty six new complaints about alleged breaches of planning control. Of the new cases, sixteen were resolved within the reporting period and three older cases were also resolved. Accordingly, the number of sites being investigated or subject to formal action at the end of September 2021 was sixteen. This represents an increase of seven in the number of cases that were outstanding at the end of the previously reported period (1 October 2020 – 31 May 2021). Despite an increase in the number of outstanding cases, this is still an encouragingly low number and is manageable.
1.2 In respect of specific cases, officers have been dealing with a case at 187 London Road, Hailsham. The history of the site is that waste materials, in particular scrap metal, had been imported and were being stored in the garden and at the rear alley of the residential property. An Enforcement Notice was served on the landowners in 2014, which required the cessation of the importation and storage of waste and its removal. The requirements of the Enforcement Notice were not complied with and the landowners were prosecuted in 2016. Despite the landowners pleading not guilty and the matter going to trial, they were found guilty and fined. Following this successful prosecution, further breaches of the Enforcement Notice occurred and waste was again stored at the site. In this instance, it was considered that a further prosecution would not secure the clearance of the site and the Council exercised its default powers and undertook Direct Action in 2017 to clear the site of the waste. This resolved the breach of the Enforcement Notice at that time.
1.3 Although the requirements of the Enforcement Notice were met, it remained extant – despite it having been served in 2014. Consequently, when complaints were received in 2020 regarding further waste being imported and stored at the site, and investigations confirming this, a breach of the Enforcement Notice occurred, which continues to be a criminal offence. Despite the landowner being requested to clear the site, he chose not to do so and the Council decided to prosecute him once again. The landowner was Summonsed to appear before Hastings Magistrates’ Court in June 2021 (deferred date from January 2021), but he failed to appear. The Magistrates issued a warrant for his arrest, without bail, and the landowner was arrested and appeared at Brighton and Hove Magistrates’ Court on 19 July 2021, where he pleaded guilty to the offence of breaching the Enforcement Notice. The Judge deferred sentencing for two months, to allow the landowner a further opportunity to clear the waste from the site. Prior to the sentencing hearing, officers undertook a site visit, which noted that the site had been cleared. At the hearing on 20 September 2021 the landowner was sentenced to a fine of £1,000, ordered to pay costs of £1147.17 and also a £100 victim surcharge.
1.4 The particular case above demonstrates that although an Enforcement Notice may have been served a number of years ago, it remains extant and the Council can, and will, takes steps to ensure continued compliance with an Enforcement Notice.
1.5 Appendix 1 of this Report provides details of cases resolved and received within the period 1 June 2021 and 30 September 2021, together with details of the status of all current cases. Additional details and information on these cases can be obtained from the relevant officers listed at the end of this Report.
2. Appeals
2.1 There is currently one outstanding appeal, which is in relation to the refusal of planning permission for a waste wood recycling operation at Holley’s Woodshaving, Squires Farm Industrial Estate, Palehouse Common. This application was refused by the Planning Committee in February 2020. Initially the appeal was to be dealt with through the written representation procedure, but this was changed by the Planning Inspectorate to a Hearing. The Hearing is due to take place on 20 October 2021, at County Hall, and is scheduled to last for one day. Third parties have been notified of the Hearing and may attend if they wish, although their participation is at the discretion of the appointed Inspector. Members will be updated on progress in future reports.
3. Contact Officers
3.1 Members with any queries about enforcement matters should contact either Sarah Iles (01273 481631) or Robert Shapter (01273 335218). Members with queries relating to the appeal should contact either Jeremy Patterson (01273 481626) or Sarah Iles.
RUPERT CLUBB
Director of Communities, Economy and Transport
05 October 2021
Local Members: All
BACKGROUND DOCUMENTS
Current Enforcement, Monitoring, Planning Application and Appeal Files.
MasterGov Database.
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DATE LPA BECAME AWARE OF BREACH
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SITE ADDRESS |
NATURE OF CASE |
CURRENT POSITION |
1/1 |
August 2020 |
187 London Road, Hailsham |
Importation, deposit, and storage of waste |
A complaint was received that waste materials were again being stored in the rear garden of this site. The County Council previously dealt with matters at this site, which resulted in the service of an Enforcement Notice in 2014, and which is still extant.
Following the complaint, a site visit was undertaken which confirmed the substance of the complaint. A letter was sent to the landowner, reminding him of the existence of the Enforcement Notice and providing him with a short timescale in which to return the site to compliance with the requirements of the Enforcement Notice. The landowner was also reminded that it was an offence to breach the Enforcement Notice and that he had previously been successfully convicted of this offence.
A further site visit was carried out and it was noted that some of the waste had been removed from the site. Due to various circumstances, the landowner wrote to officers requesting an extension of time to complete the removal of the waste. An extension of time was granted and, after this had expired a further site visit was carried out. There was still waste being stored within the rear garden of the property, which continued to be in breach of the Enforcement Notice and therefore a criminal offence. Consequently, the landowner was Summonsed to appear at Hastings Magistrates for failing to comply with the requirements of the Enforcement Notice. This case was initially listed for hearing on 29 January 2021 but was deferred to 29 June 2021 because of the backlog of cases caused by the lockdown restrictions imposed to fight the Coronavirus pandemic.
Prior to the revised date for the Court hearing, the landowner was given a further opportunity to clear the site, on the basis that if this was done by 11 June 2021, then the County Council would discontinue proceedings against him.
Regrettably, the landowner did not comply by clearing the site and was Summonsed to appear at Hastings Magistrates Court on 29 June 2021. The landowner then failed to appear at Court on that date and an arrest warrant without bail was issued.
The landowner was subsequently arrested on the warrant on 19 July 2021 and appeared at Brighton & Hove Magistrates’ Court on 19 July 2021, where he pleaded guilty. The case was then remanded until 20 September 2021, with the Court providing a final opportunity for the landowner to clear the site of the imported waste or risk being committed to Crown Court, which has greater powers of sentencing.
Officers from the County Council undertook a site visit just prior to the Magistrates’ Court hearing and were satisfied that the site was again in compliance with the requirements of the Enforcement Notice.
On 20 September 2021 the landowner appeared at Brighton & Hove Magistrates’ Court for sentencing, and was sentenced to a fine of £1,000, ordered to pay costs of £1147.17 and a £100 victim surcharge.
It is now considered this matter has been resolved. However, the Enforcement Notice remains extant and officers will undertake unannounced site monitoring visits to ensure continued compliance with the requirements of the Enforcement Notice.
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1/2 |
January 2021 |
Hailsham Roadways, Woodside Depot, Polegate
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Breach of Condition (Noise) |
A complaint was received that this site was breaching the condition attached to the planning permission relating to the level of noise that can be emitted from the site during operations.
Informal monitoring was undertaken and further investigations have identified that the planning permission granted by this Authority (WD/843/CM) has not yet been implemented. No breach of planning control identified, and no further action required.
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1/3 |
May 2021
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Allsworthy, Hailsham Road, Stone Cross
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Importation, deposit and burning of waste |
A complaint was received that waste materials were being imported into the site and were being burnt.
Several site visits were carried out and contact made with the landowner. The waste was site derived and had not been imported into the site, and was being collected before being removed from the site. No breach of breach of planning control identified and no further action required.
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DATE LPA BECAME AWARE OF BREACH
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SITE ADDRESS |
NATURE OF CASE |
CURRENT POSITION |
3/1 |
June 2021 |
Bexhill & Hastings WWTW, Freshfields Road, Pebsham, Bexhill-on-Sea
Note: This is the site referred to in Table 2, entry 2/2 above
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Breach of Conditions – lighting and odour |
A complaint was received alleging that lights were being left on at the site until late in the evening, and that odours were escaping from the site. If this is the case, it could constitute a breach of the planning conditions that are attached to the planning permissions that relate to the site.
Unannounced site monitoring visits are currently being undertaken in order to verify the details of the complaint. Contact will also be made with the operator.
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3/2 |
June 2021 |
Unit 3A Quarry Road Industrial Estate, Newhaven |
Importation and deposit of waste – end of life vehicles |
A complaint was received that end-of-life vehicles were being imported into the site and were being broken up for their component parts, to be re-sold on the second-hand market.
A joint site meeting with the Environment Agency and the operator was arranged, during the course of which the operator admitted to breaking end-of-life vehicles at the site and operating a car servicing/repair operation. It was clear to the attending officers that the major activity taking place on the site was the breaking of vehicles and the requirement for planning permission and an environmental permit for this activity was explained to the operator.
Initially, the operator indicated he wanted to seek planning permission and environmental permitting for this site, but following a meeting with the landowner, he found that the landowner would not support any application seeking a waste use on the site. Consequently, the operator has decided to cease the breaking of vehicles at the site and requested some time to clear the site. A timescale has been agreed and both agencies are holding regular meetings with the operator at the site to ensure the site is cleared within the timescale agreed.
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3/3 |
June 2021 |
Former HT Drinks Site, Endeavour Works, Beach Road, Newhaven |
Importation and bulking up of waste tyres. |
A complaint was received that waste tyres were being imported into this site and were being bulked up. A joint site visit was undertaken with an officer from the Environment Agency, which confirmed the substance of the complaint.
A meeting was also held with the site operator, at which the requirement for planning permission and an environmental permit was explained to him. The operator stated his intention to apply for planning permission and an environmental permit, and a timescale was agreed for him to submit the necessary applications.
The agreed timescale for the submission of a planning application expired without any application being submitted. Officers therefore undertook a further site visit to check the situation at the site. This confirmed that the site was continuing to be used for the unauthorised waste activity.
Contact was again made with the operator, who stated that the planning application was being prepared and would be submitted in the next few days. Following that conversation, the operator’s agent contacted the County Council to state that there would be a delay in the submission of the application as he was away from work and a further extension of time was therefore agreed.
This further extension of time has now also elapsed and no planning application has been submitted. Therefore, a Temporary Stop Notice will be prepared and served on the operator and all other parties with an interest in the land. The Temporary Stop Notice will seek the cessation of the activity at the site.
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3/4 |
June 2021 |
Spring Valley Farm, West Street Lane, Maynards Green |
Importation and deposit of household waste |
A complaint was received that household waste was being imported into this site in small vans by different operators and deposited.
A joint site visit was carried out with the Environment Agency, which confirmed the details contained within the complaint. A meeting was also held with the landowner, who agreed to halt any further importation into the site and to clear the site of the waste that had already been imported.
There are a number of issues relating to the site and, due to the landowner’s poor health, multiple agencies are working with the landowner and his family to ensure that the site is cleared.
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3/5 |
June 2021 |
Paul’s Mini Skips, Unit 13 Chaucer Industrial estate, Dittons Road, Polegate
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Change of Use of site |
A complaint was received that part of this site, which is an authorised waste transfer station, had been changed into a containerised self-storage operation. A site visit was undertaken which confirmed the details of the complaint.
Contact was made with the site operator, and the requirement for a change of use planning application was explained to the operator, who stated that he would apply seeking to regularise this change of use.
A planning application has now been submitted (WD/856/CM) and is currently under consideration.
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3/6 |
July 2021 |
Skilton Skips, AS Farm, The Warren, Crowborough |
Importation, deposit and processing of waste |
Officers visiting the site in connection with another matter noticed that the operators of the site were importing waste, depositing it on the ground and processing it by manually sorting it, before bulking up separate waste streams in various skips. The nature of this type of activity requires specific planning permission, which the site does not have the benefit of.
Discussions were held with the operators, and the requirement for planning permission was explained. The operator stated that, due to an inter-family land dispute, he is currently unable to attempt to seek to regularise the activity on the site. He therefore agreed to cease any further importation, deposit, and processing of waste at this site.
Officers are currently undertaking unannounced site monitoring visits to ensure that waste is not being imported and processed at this site, pending the resolution of the land dispute.
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3/7 |
August 2021 |
125 Eastbourne Road, Willingdon
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Importation, deposit and storage of waste |
A complaint was received that waste from a household waste collection service was being imported into and deposited at this site. A joint site visit was undertaken with an officer from Wealden District Council, which identified some waste on the site.
A meeting was held with the landowner, who stated that the waste was mostly site derived. However, he admitted that the site was untidy and requested to be allowed some time in which to clear the waste. This was agreed, and a further site visit will be undertaken in due course to check that the waste has been cleared from the site.
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3/8 |
September 2021 |
Kiowa, Station Road, Buxted |
Importation, deposit, and storage of scrap metal |
A complaint was received alleging that scrap metal waste was being imported into and deposited at this site. The complaint also alleged that there were other breaches of planning control at the site, which fall outside the remit of this Authority.
A joint site visit with officers from Wealden District Council was undertaken, but it was not possible to access the site. A further site visit is currently being arranged.
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3/9 |
September 2021 |
Keywards Wood, Hoadleys Lane, Crowborough |
Importation and deposit of waste – soils |
A complaint was received alleging that waste materials, comprising soils, were being imported into the site and deposited. A joint site visit with an officer from the Environment Agency was carried out, which identified that areas within the wood appeared to have been built up with imported materials.
A further site meeting was held with the landowner and an officer from Wealden District Council. The landowner stated that a hardstanding area on the site had been in situ for a number of years and that materials were being imported to repair existing forestry tracks.
Investigations are currently ongoing and a further site meeting is proposed.
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3/10 |
September 2021 |
Clearview, Nursery Lane, Wivelsfield Green |
Importation and deposit of waste |
A complaint was received that waste materials were being imported into and deposited at this site. An initial site visit has been carried out, which appeared to indicate that the site is being used as a builder’s yard. Further investigations are continuing into the use/activities at the site.
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DATE LPA BECAME AWARE OF BREACH
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SITE ADDRESS |
NATURE OF CASE |
CURRENT POSITION |
4/1 |
August 2019 |
Penfold Driveways, AS Farm, The Warren, Crowborough |
Importation, deposit, and processing of waste (soils and hardcore) |
A joint site visit undertaken by officers from this Authority and the Environment Agency found that a significant quantity of waste materials, comprising soils, sub-soils and hardcore, had been imported into the site and deposited. The soils were being processed on site by means of a screener. A letter was sent to the operator requesting details of the nature and purpose of the activity and a response was received.
Since the previous correspondence, further contact was made with the operator, who advised the Environment Agency that some key people involved in the company had suddenly left and set up a rival company, leaving the operator to sort out the issues at this site. Further discussions took place regarding agreeing a timescale for the removal of the materials.
As a result of the Coronavirus pandemic lockdowns, the operator had not been able to remove much of the waste that was stored on the site. However, since the lockdown has been eased, progress has been made and some of the waste has now been removed.
Regular site visits are continuing to be undertaken to monitor the operator’s progress in removing the waste from the site.
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4/2 |
January 2020 |
Meadow Farm, Road Hill, Isfield |
Importation and deposit of waste (soils and hardcore) |
In 2018 a complaint was received alleging that lorry loads of waste materials, comprising soils and hardcore, had been imported into the site and deposited. Joint site visits were undertaken with officers from the Environment Agency and Wealden District Council, and meetings were also held with the landowner and operators. Wealden District Council invited an application, which sought to retain the deposited materials on site to be used in several engineering operations. That authority eventually decided that they could not entertain such an application and returned the application and fee to the landowner.
The matter was then referred back to the County Council to deal with as a County Matter. Officers held an initial site meeting with the landowner (February 2020). At that time the whole area was so waterlogged as to be impassable, and the removal of the materials was not feasible. Since the initial meeting, the Coronavirus Pandemic prevented further progress in this matter. However, contact was maintained with the landowner in order to progress matters.
A further meeting was then held with the landowner and an initial course of action was agreed, which was the moving of the bunds of material to outside of the crown spread of the trees.
Initially there had been no progress made because of the waterlogged ground conditions and the site needed a considerable period of dry weather to improve the ground conditions to allow work to start. However, works were then due to commence to remove the bunds.
A further meeting has recently been held with the site operators and progress is being made in moving the bunds from under the crown spread of the trees. Further works to resolve the breach of planning control have been identified and officers are maintaining regular contact with the landowner.
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4/3 |
July 2020 |
Rideout Agricultural, Dunly Wood, Cross-in-hand |
Importation, deposit, and processing of waste |
A complaint was received that waste materials were being imported into the site, deposited and processed. An officer undertook an initial site visit but was refused entry to the site by the operator. Contact was made with the landowner and a site meeting arranged. During the course of the meeting with the landowner, the substance of the complaint was confirmed.
The landowner was provided with an “in principle” view that a planning application seeking to regularise the use of the site would be unlikely to be supported. However, the landowner stated that he would support the operator’s application seeking to regularise this breach of planning control.
A planning application (WD/847/CM) was subsequently submitted to the County Council and refused by the Planning Committee on 10 March 2021. Following the refusal of planning permission, an Enforcement Notice was served on the landowner and operator on 31 March 2021, requiring the waste use of the site to cease and the site to be cleared of all the waste materials, plant and equipment. No appeal was made against the Enforcement Notice and the period of time for compliance with the requirements of the Enforcement Notice expired on 7 August 2021.
A further site visit with the landowner was undertaken just prior to the expiry of the period for compliance with the requirements of the Enforcement Notice, and it was confirmed that whilst some elements of the Enforcement Notice had been complied with, the extension to the hardstanding had not been removed as required by the Enforcement Notice.
The site operator then contacted the County Council and proposed a scheme for the removal of the extension to the hardstanding, albeit outside the time period required by the Enforcement Notice. Officers met the operator on site and the proposal was considered to be acceptable, and an extension for the completion of the removal of the hardstanding was agreed.
A further site visit with an officer from Wealden District Council has recently been undertaken and the case is currently being reviewed.
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4/4 |
January 2021 |
Haulaway Ltd, Polegate Yard, Summerhill Lane, Polegate |
Breach of Condition (Noise) |
A complaint was received that this site was breaching the condition relating to the amount of noise that can be emitted from the site during operations.
Informal monitoring of the site has been carried out by officers, which has not identified any excessive noise. However, it is intended to instruct an independent contractor to carry out formal noise monitoring to assess whether activities at the site are in breach of the conditions attached to the site. This noise monitoring is currently being arranged.
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4/5 |
April 2021 |
Crockstead Farm Hotel, Halland |
Importation and deposit of waste – soils |
A complaint was received that waste materials, comprising soils, were being imported into the site and deposited. A site visit was undertaken, during which a meeting was held with the operator undertaking the works, who admitted that materials had been imported into the site to improve an existing access track and to improve the land.
At the time of the site visit, the landowner was away. A letter was sent to the landowner and a meeting was subsequently held with the site manager who explained that the materials were imported to improve the land for equestrian grazing.
The materials imported included soils, which contained a significant quantity of hardcore, metal and plastics, which would eventually work through to the finished surface of the site. This material was not considered to be suitable for its intended purpose and, after considering the situation, the County Council has required the materials to be removed and the original landform to be restored. The operator/landowner has been given a timescale for these remedial works to be undertaken and the site will continue to be monitored to ensure compliance.
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4/6 |
May 2021 |
LS Vehicle Recycling, Lower Stoneham Farm, Lewes |
Importation and breaking of end-of-life vehicle for their parts |
Whilst visiting another site at this location, the attending officer found this end-of-life vehicle recycling operation, which does not have the benefit of planning permission. Discussions were held with the site operator, who stated his intention to obtain planning permission and all the other necessary licences and permits that are required.
The operator was advised to seek pre-application advice, and subsequently did so. A full planning application seeking to regularise the use is expected to be submitted shortly.
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