APPENDIX 9
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Council Reference: ENF/13/0065
IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY
ENFORCEMENT NOTICE - OPERATIONAL DEVELOPMENT
TOWN AND COUNTRY PLANNING ACT 1990
(as amended by the Planning and Compensation Act 1991)
Issued by: North Norfolk District Council
1)
THIS NOTICE is issued by the Council because it appears to them that there has
been a breach of planning control, within paragraph (a) of section 171A(1) of the
above Act, at the land described below. They consider that it is expedient to
issue this notice, having regard to the provisions of the development plan and to
other material planning considerations. The Annex at the end of the notice and
the enclosures to which it refers contain important additional information.
2)
THE LAND TO WHICH THE NOTICE RELATES
Land at Primrose Grove, Thornage Road, Sharrington, MELTON CONSTABLE,
NR24 2PN shown edged red on the attached plan.
3)
THE MATTERS WHICH APPEAR TO CONSTITUTE THE BREACH OF
PLANNING CONTROL
Without planning permission the erection of a storage building/workshop the
laying of concrete slabs and rubble and the excavation of a pit .
4)
REASONS FOR ISSUING THIS NOTICE
It appears to the Council that the above breach of planning control has occurred
within the last four years.
The Council adopted the North Norfolk Core Strategy on 24 September 2008,
and subsequently adopted Policy HO9 on 23 February 2011, for all planning
purposes. The following policy statements are considered relevant to the
proposed development:
SS2:
Development in the Countryside
EN2:
Protection and Enhancement of Landscape and Settlement Character
EN4:
Design
The three sided storage building is a mono pitched construction with a
corrugated metal roof and featherboard walls. The barn footprint is approx 75
square metres and encloses two concrete slabs and an excavated pit. Without
planning permission the building was erected for use as a storage/ workshop
building in association with a proposed use of milling and storing timber. A
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retrospective planning application ref 13/0459 for retention of the storage/
workshop and the proposed use was refused 26 June 2013.
The building is located in fairly open landscape to the south east of the village of
Sharrington, with the only features being a sporadic number of road side trees
and hedges to the eastern boundary of the site and the frontage with Thornage
Road. The development conflicts with the above mentioned policies insofar as
there is no justification for it to be sited in this rural location, it detracts from the
appearance of the site and fails to conserve the special qualities and local
distinctiveness of the area.
5)
WHAT YOU ARE REQUIRED TO DO
Demolish the building and remove the resultant materials from the site .
Lift the concrete slabs and rubble and remove the resultant materials from the
site.
Fill in the excavated pit up to ground level the top 30 cm to comprise of top soil
6)
TIME FOR COMPLIANCE
Within 3 months of the effective date
7)
WHEN THIS NOTICE TAKES EFFECT
This notice takes effect on 10 October 2014 unless an appeal is made against
it beforehand.
Dated:
10/09/2014
Signed:
Nicola Baker
Head of Planning
The Council's Authorised Officer
On behalf of: North Norfolk District Council
Planning Service
Council Offices
Holt Road
CROMER
NR27 9EN
133
Annex
This Is Important
If you want to appeal against this enforcement notice you can do it:·
on-line at the Planning Casework Service area of the Planning Portal
(www.planningportal.gov.uk/pcs); or
·
by getting enforcement appeal forms sent to you by telephoning The Planning
Inspectorate on 0303 444 5000 or by emailing them at enquiries@pins.gsi.gov.uk
You must make sure that the Planning Inspectorate receive your appeal before
the effective date on the enforcement notice.
In exceptional circumstances you may give notice of your appeal by fax or letter. You should
include:1)
2)
3)
4)
the name of the Local Planning Authority
the site address;
your address; and
the effective date of the enforcement notice, (as specified in paragraph 7 of
the notice).
The Planning Inspectorate MUST receive this before the effective date in the enforcement
notice. This should immediately be followed by your completed appeal forms.
If you choose to appeal against this notice on-line, details of your comments may be
published on the internet and may include your name, address, email address or phone
number. Please ensure you only provide personal information that you are happy to be
available to others. If supplying information belonging to a third party please ensure you
have their permission. Detailed information about data protection and privacy matters are
available on the Planning Portal.
Under section 174 of the Town and Country Planning Act 1990 (as amended) you may
appeal on one of the following grounds:(a) that, in respect of any breach of planning control which may be constituted by the matters
stated in the notice, planning permission ought to be granted or, as the case may be, the
condition or limitation concerned ought to be discharged;
(b) that those matters have not occurred;
(c) that those matters (if they occurred) do not constitute a breach of planning control;
(d) that, at the date when the notice was issued, no enforcement action could be taken in
respect of any breach of planning control which may be constituted by those matters;
(e) that copies of the enforcement notice were not served as required by section 172;
(f) that the steps required by the notice to be taken, or the activities required by the notice to
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cease, exceed what is necessary to remedy any breach of planning control which may be
constituted by those matters or, as the case may be, to remedy any injury to amenity which
has been caused by any such breach;
(g) that any period specified in the notice in accordance with section 173(9) falls short of
what should reasonably be allowed.
Not all of these grounds may be relevant to you.
Ground ‘A’ Appeal
If one of the grounds of your appeal is ground ‘A’ that planning permission should be granted
for what is alleged in the notice, there is a fee payable for this deemed application for
planning permission which is double the amount which would be normally charged for a
regular planning application.
The total amount of the fee payable is £770. You should pay the fee to North Norfolk District
Council either by cheque made payable to North Norfolk District Council or by card at the
Council offices or by ringing the Planning Division on 01263 516150.
Enforcement Notices – Original and two copies
(a) One of the copies is for you to send to the Planning Inspectorate if you decide to appeal.
(b) The second copy of the appeal form and the enforcement notice should be sent to the
Council at:
North Norfolk District Council
Planning Services
Council Offices,
Holt Road, Cromer,
Norfolk
NR27 9EN
Telephone: 01263 – 513811
Fax:
01263 –515042
(c) The third is for your own records.
(d) A copy of this notice has also been served on:
Mr M Skipper, Moorehaven, The Street, Sharrington, NR24 2PJ
Mr Levi Joe Kidd, 1 Romany Rest, Thurning Road, Briston, Norfolk
WHAT HAPPENS IF YOU DO NOT APPEAL
If you do not appeal against this enforcement notice, it will take effect on the date specified
in paragraph 7 of the notice and you must then ensure that the required steps for complying
with it, for which you may be held responsible, are taken within the period(s) specified in
paragraph 6 of the notice. Failure to comply with an enforcement notice which has taken
effect can result in prosecution and/or remedial action by the Council. “Please note that a
separate appeal form must be completed for each individual person or organisation.”
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Council Reference: ENF/13/0065
IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY
ENFORCEMENT NOTICE - MATERIAL CHANGE OF USE
TOWN AND COUNTRY PLANNING ACT 1990
(as amended by the Planning and Compensation Act 1991)
ISSUED BY: North Norfolk District Council
1)
THIS NOTICE is issued by the Council because it appears to them that there
has been a breach of planning control, within paragraph (a) of section 171A(1)
of the above Act, at the land described below. They consider that it is
expedient to issue this notice, having regard to the provisions of the
development plan and to other material planning considerations. The Annex at
the end of the notice and the enclosures to which it refers contain important
additional information.
2)
THE LAND TO WHICH THE NOTICE RELATES
Land at Primrose Grove, Thornage Road, Sharrington, MELTON
CONSTABLE, NR24 2PN Norfolk shown edged red on the attached plan.
3)
THE MATTERS WHICH APPEAR TO CONSTITUTE THE BREACH OF
PLANNING CONTROL
Without planning permission material change of use from agricultural to the
storage of logs, tyres, horse box, lorry container, caravan, flat back truck,
bricks, rubble, metal roofing panels, tarpaulin, canoe, wooden planks, wooden
kennel, and the siting of wooden structure adjacent to the entrance to the site
4)
REASONS FOR ISSUING THIS NOTICE
It appears to the Council that the above breach of planning control has
occurred within the last ten years. The Council adopted the North Norfolk Core
Strategy on 24 September 2008, and subsequently adopted Policy HO9 on 23
February 2011, for all planning purposes. The following policy statements are
considered relevant to the proposed development:
SS2:
Development in the Countryside
EN2:
Protection and Enhancement of Landscape and Settlement Character
The site is located in fairly open landscape to the south east of the village of
Sharrington, with the only features being a sporadic number of road side trees
and hedges to the eastern boundary of the site and the frontage with Thornage
Road. The storage of logs, tyres, horse box, lorry container, caravan, flat
back truck, bricks, rubble, metal roofing panels, tarpaulin, canoe, wooden
planks, wooden kennel, and the siting of wooden structure adjacent to the
entrance detracts from the appearance of the local landscape and is severely
detrimental to the amenity and character of this rural location.
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5)
WHAT YOU ARE REQUIRED TO DO
Remove the logs, tyres, caravan, horse box, lorry container, caravan, flat back
truck, bricks, rubble, metal roofing panels, tarpaulin, canoe, wooden planks,
wooden kennel, and the wooden structure adjacent to the entrance to the site
6)
TIME FOR COMPLIANCE
Within two months of the date on which the notice takes effect.
7)
WHEN THIS NOTICE TAKES EFFECT
This notice takes effect on 10 October 2014 unless an appeal is made against
it beforehand.
Dated:
10/09/2014
Signed:
Mr A. Mitchell
Development Manager
The Council's Authorised Officer
On behalf of: North Norfolk District Council
Planning Service
Council Offices
Holt Road
CROMER
NR27 9EN
137
Annex
This Is Important
If you want to appeal against this enforcement notice you can do it:·
on-line at the Planning Casework Service area of the Planning Portal
(www.planningportal.gov.uk/pcs); or
·
by getting enforcement appeal forms sent to you by telephoning The Planning
Inspectorate on 0303 444 5000 or by emailing them at enquiries@pins.gsi.gov.uk
You must make sure that the Planning Inspectorate receive your appeal before
the effective date on the enforcement notice.
In exceptional circumstances you may give notice of your appeal by fax or letter. You should
include:1)
2)
3)
4)
the name of the Local Planning Authority
the site address;
your address; and
the effective date of the enforcement notice, (as specified in paragraph 7 of
the notice).
The Planning Inspectorate MUST receive this before the effective date in the enforcement
notice. This should immediately be followed by your completed appeal forms.
If you choose to appeal against this notice on-line, details of your comments may be
published on the internet and may include your name, address, email address or phone
number. Please ensure you only provide personal information that you are happy to be
available to others. If supplying information belonging to a third party please ensure you
have their permission. Detailed information about data protection and privacy matters are
available on the Planning Portal.
Under section 174 of the Town and Country Planning Act 1990 (as amended) you may
appeal on one of the following grounds:(a) that, in respect of any breach of planning control which may be constituted by the matters
stated in the notice, planning permission ought to be granted or, as the case may be, the
condition or limitation concerned ought to be discharged;
(b) that those matters have not occurred;
(c) that those matters (if they occurred) do not constitute a breach of planning control;
(d) that, at the date when the notice was issued, no enforcement action could be taken in
respect of any breach of planning control which may be constituted by those matters;
(e) that copies of the enforcement notice were not served as required by section 172;
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(f) that the steps required by the notice to be taken, or the activities required by the notice to
cease, exceed what is necessary to remedy any breach of planning control which may be
constituted by those matters or, as the case may be, to remedy any injury to amenity which
has been caused by any such breach;
(g) that any period specified in the notice in accordance with section 173(9) falls short of
what should reasonably be allowed.
Not all of these grounds may be relevant to you.
Ground ‘A’ Appeal
If one of the grounds of your appeal is ground ‘A’ that planning permission should be granted
for what is alleged in the notice, there is a fee payable for this deemed application for
planning permission which is double the amount which would be normally charged for a
regular planning application.
The total amount of the fee payable is £770.You should pay the fee to North Norfolk District
Council either by cheque made payable to North Norfolk District Council or by card at the
Council offices or by ringing the Planning Division on 01263 516150.
Enforcement Notices – Original and two copies
(a) One of the copies is for you to send to the Planning Inspectorate if you decide to appeal.
(b) The second copy of the appeal form and the enforcement notice should be sent to the
Council at:
North Norfolk District Council
Planning Services
Council Offices,
Holt Road, Cromer,
Norfolk
NR27 9EN
Telephone: 01263 – 513811
Fax:
01263 –515042
(c) The third is for your own records.
(d) A copy of this notice has also been served on:
Mr M Skipper, Moorehaven, The Street, Sharrington, NR24 2PJ
Mr Levi Joe Kidd, 1 Romany Rest, Thurning Road, Briston, Norfolk
WHAT HAPPENS IF YOU DO NOT APPEAL
If you do not appeal against this enforcement notice, it will take effect on the date specified
in paragraph 7 of the notice and you must then ensure that the required steps for complying
with it, for which you may be held responsible, are taken within the period(s) specified in
paragraph 6 of the notice. Failure to comply with an enforcement notice which has taken
effect can result in prosecution and/or remedial action by the Council. “Please note that a
separate appeal form must be completed for each individual person or organisation.”
139