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Issue - meetings
Authority from Planning Committee to serve Enforcement Notices
Meeting: 27/02/2020 - Planning Committee (Item 213)
Additional documents:
- APPENDIX 1, item 213
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- Appendix 1 - Committee Report, item 213
PDF 328 KB
- Appendix A - Inspector Decision Notice, item 213
PDF 3 MB
- Appendix B - Decision Notice for MA/13/1435, item 213
PDF 1 MB
- Appendix C - Kent Downs AONB Unit comments, item 213
PDF 298 KB
- APPENDIX 2, item 213
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- Appendix 2 - Minutes of DC meeting 26 September 2019, item 213
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- APPENDIX 3, item 213
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- Appendix 3 - Refusal Notice, item 213
PDF 78 KB
Minutes:
All Members stated that they had been lobbied.
The Development Manager presented his report outlining the enforcement options available to the Council following the refusal of retrospective (in part) application 19/502469/FULL for a material change of use of land at Pilgrims Retreat, Hogbarn Lane, Harrietsham from a mixed use of holiday units (180 static caravans) and residential (18 static caravans) to a residential park home site (for full time residential occupation) comprising the stationing of 248 static caravans, including engineering works to create terracing, hardstanding, retaining walls, and the extension of the site along the south-eastern boundary.
It was noted that the current unlawful use of the land was contrary to National and Local Plan policies and the recommended enforcement action sought to restore the site and its landscape back to the lawful use. It was considered that the action recommended was proportionate taking into account the residents’ Human and Equality Rights and would maintain the integrity of the decision making process. The residents’ welfare, health and personal circumstances would be considered if the notices were served and took effect before any decisions were taken for further action for non-compliance with the notice.
Before presenting his report, the Development Manager drew the Committee’s attention to a letter which had been received from an elderly resident at the site who wished to express concerns about the situation which had arisen.
Mr Rudd, for the site owners, Mr Green, for the site residents, and Councillors T and J Sams (Visiting Members) addressed the meeting.
Before making their representations, Councillors T and J Sams said that they lived next to the site. They did not believe that they had Other Significant Interests, but, for transparency, they would speak and then leave the meeting.
In response to questions by Members, the Development Manager confirmed that a hybrid approach combining more than one option could be adopted.
The Committee agreed to proceed with a hybrid approach combining more than one option in order to seek to regularise use of the site and mitigate the impact on the Area of Outstanding Natural Beauty in a pragmatic way, but within a specific timeframe having regard to the continuing uncertainties for the residents.
RESOLVED:
1. That delegated authority be given to the Head of Planning and Development in consultation with a Steering Group comprising the Chairman, Vice-Chairman and Political Group Spokespersons of the Planning Committee (to include Councillor Chappell-Tay as the Spokesperson for the Conservative Group) and the two Ward Members to establish terms of reference and a negotiating position and to engage with the applicant regarding the submission of an alternative planning application within the terms set out in consultation with the Steering Group within a maximum timeframe of nine months.
2. That if the application is not submitted within the terms set out in consultation with the Steering Group and within this timeframe, or if negotiations fail, then the Head of Planning and Development be given delegated authority to proceed with Option 1 as set ... view the full minutes text for item 213