Agenda Item No: 7b
DEVELOPMENT CONTROL COMMITTEE
4 AUGUST 2015
REPORT BY ASSISTANT DIRECTOR ENVIRONMENT AND PLANNING
Subject:
Recommendations:
Enforcement cases and investigations undertaken by County
Planning Authority
The Development Control Committee note the contents of the
report
1. Purpose of Report
1.1 The purpose of this report is to update Members of the Committee on:
the status of outstanding enforcement cases;
allegations received in respect of breaches of planning conditions and planning control;
the number of monitoring visits undertaken to mineral and landfill sites under the Town
and Country Planning (Fees for Applications, Deemed Applications, Requests and Site
Visits) (England) Regulations 2012.
1.2 Members are requested to advise the Assistant Director of Environment and Planning
prior to the date of the meeting if they require information on any of the cases or
allegations listed to ensure that the relevant information is available at the Committee
meeting.
2. How the decisions of this committee contribute to the Council Plan
The Council’s vision is to make Northamptonshire a great place to live and work. This is
achieved through increasing the wellbeing of your county’s communities and/or
safeguarding the county’s communities.
This initiative specifically delivers increased wellbeing and/or safeguarding by:


Contributing to creating prosperous communities;
Creating a Sense of Place;
1) Planning Contravention Notices Served
Recipient and date
of notice
Nature and location
of development
Summary of case
Mr P Hawkes – 18 September 2009
Importation and deposit of waste material on the site –
Blackbridge Farm, Burton Latimer
The Environment Agency established the operator had buried
non-inert materials on the site and subsequently prosecuted the
operating company (Think Environmental) in February 2011.
The operating company then failed to remove all waste from the
land and causing an odour nuisance (including materials
involved in a fire), as required by the Environment Agency, and
was prosecuted again in October 2012.
Latest position and The waste remains buried at the site and the Environment
Agency are considering what further legal action to take
course of action
following its success at appeal in revoking the Environmental
Permit related to the previous bio-drying operations which took
place on the adjacent land. See report on item 3 below (Heath
and Hawkes Ltd) for further information on the Permit
revocation. Such has been the length of time since the waste
was deposited on site, that a fresh PCN has been served as
below.
Heath & Hawkes, Think Environmental Limited & Blackbridge
TGS1 Plc – 22 July 2015
Possible permanent deposit and disposal of waste on the site –
Blackbridge Farm, Burton Latimer.
Such has been the length of time since the waste was
deposited on site as referenced above, officers of the County
Council are considering whether any further course of action
might be appropriate.
Latest position and No responses have been received to the PCNs at the time of
writing this report.
course of action
Recipient and date
of notice
Nature and location
of development
Summary of case
Recipient and date Mr Lyndon Thomas – 3 February 2012
of notice
Nature and location The alleged unauthorised extraction of minerals and the
importation and deposit of waste materials at the site –
of development
Birchfield Lodge, Desborough Road, Rushton.
In responding to the notice the operator admitted some waste
Summary of case
storage and processing with the intention that it be used to
create internal haul roads as part of allowing the construction of
fishing lakes granted permission by Kettering Borough Council
(ref. no. KET/2010/0242).
Latest position and The site is the subject of periodic monitoring by the County
Council as the Mineral & Waste Planning Authority, the most
course of action
recent of which was on 24 February 2015. In principle the
deposit of waste does not breach the terms of permission ref.
KET/2010/0242 issued by Kettering Borough Council (KBC).
The operator also has an Environmental Permit from the
Environment Agency (also monitored) allowing the importation
of waste to use for engineering purposes. KBC to continue to
investigate complaints in the first instance, but if the operation
appears to have evolved into a ‘County Matter’, then the County
Council will re-assess whether it should become involved.
Recipient and date
of notice
Nature and location
of development
Summary of case
Mrs Jane Gray, Coventry Building Society (both 26 March 2015)
& Mr Nigel Foster (22 April 2015)
The importation, deposit, storage and processing of waste
materials on the site – Land Off Yelvertoft Road, Crick.
The majority of the site in question was a consented waste
transfer facility (permission ref. no. 07/00053/WAS) which
expired in December 2012. The site was the subject of a
planning application in 2013 (ref. no. 13/00105/WAS) to renew
the permission, but was never validated due to insufficient
information, and subsequently returned in August 2014.
A
significant amount of mixed skip waste, plant and buildings
remain on the former permitted area and on some adjacent
land. The site currently lies dormant.
Latest position and Written responses have been received in response to two of the
PCNs and a phonecall received in respect the other PCN.
course of action
There appears to be conflicting information about who is
responsible for depositing the waste, if and who may remove it,
and the future ownership of the site. Officers are considering
whether it is expedient to take enforcement action, and if so,
upon who should a notice be served, and the implications in the
event of a default upon any requirement to remove waste from
the land.
2) Breach of Condition Notices Served
Recipient and date Larner Pallets Recycling Ltd – 8 February 2013.
of notice
Nature and location Breach of condition 7 of permission ref. no. WP/00/365C by
stockpiling of waste above the permitted height limit of 3.5m –
of development
Land off Rixon Road, Wellingborough.
Following historic breaches of the storage height, the operator
Summary of case
was requested to reduce the stockpiles of wood waste and
recycled wood chip down from 6 – 8m to be no higher than the
permitted 3.5m. Although the operator did make some progress
towards this objective, it was deemed insufficient in the
timescale given and the County Council served a BCN. The
notice required the stockpiles to be reduced in height by 8 May
2013.
Latest position and The operator achieved the correct height before the deadline,
however waste has continued to increase on the site to be close
course of action
to the permitted level which remained the case at 25 November
2014. The then operator was prosecuted by the Environment
Agency in January 2015 for causing dust pollution, and it is
understood that the operating company has gone into
Administration. The site is now understood to be operating in a
low key manner on a sub-lease. The Waste Planning Authority
has chosen not to discharge the notice for the time being. In
the meantime a planning application has recently been received
to erect two buildings on the site to enable wood recycling
operations to commence inside the buildings.
Recipient and date SIMS Group UK Limited – 22 July 2013.
of notice
Nature and location Breach of condition 2 of permission ref. no. 08/00078/WAS by
stockpiling and processing waste on land to the rear of the main
of development
building and the construction of a shelter, contrary to the
approved layout plan – Land at Fawsley Drive, Heartlands
Business Park, Daventry.
Following complaints about the noise and dust generated
Summary of case
through processing waste outside of the main building, the
operator was advised to either cease the unauthorised
operations, or submit a retrospective application (including
suitable mitigation measures) to regularise the outside
processing and storage. No application was forthcoming so the
County Council served a Breach of Condition Notice. The
notice required the site to be operated in accordance with the
approved layout plan by 23 October 2013.
Latest position and The operator has confirmed that they no longer intend to
operate at the site and will be vacating the premises later on
course of action
this year. Following a site visit on 27 May 2014, it is confirmed
that the site has been substantially cleared of waste materials.
A small amount of waste remains on site which is expected to
be cleared shortly, to comply with the requirements of the
notice, although the operator has not sought to discharge the
requirements of the notice yet. On 5 June 2014 planning
permission ref. no. DA/14/0342 was granted by the District
Council to change the use of the site from B2 to a mixed use B2
& B8, which would allow the site to become more marketable to
a potential new occupier. The site will be monitored again
shortly to confirm whether the notice can be removed.
3) Enforcement Notices Served
Recipient and date
of notice
Nature and location
of development
Summary of case
Mr John Daleman – 12 September 2002
Unauthorised importation and tipping of waste materials –
Springwater Farm, Watford Road, Crick
The operator appealed the Enforcement Notice, which was
dismissed, but with a variation for the timescale for compliance.
The appellant has failed to comply with the terms of the notice.
In June 2007 Mr Daleman was found guilty of breaching a court
order requiring removal of the waste. The waste was not
removed and the court required Mr Daleman to make a
payment of £45,000. Legal Services have been pursuing the
payment and now a charge has been registered on the land for
£68,548.60. As Daventry DC is also owed money both
authorities have agreed the process for joint action to recover
monies owed.
Latest position and As explained at the Committee meeting in August 2014, the
outome of the 11 June High Court Hearing (in summary) was
course of action
that the Judge made an the Order setting out the following:a) That Mr Daleman be permitted to file his amended Defence;
b) That, having read that Defence, the Judge allows NCC/DDC
to sell Springwater Farm; but,
c) Mr Daleman has until 10 October 2014 to make payment in
full to NCC and DDC (this payment must include our costs in
a sum agreed);
d) If Mr Daleman has paid the sums secured by the Charging
Orders by 10 October but it has not been possible to agree
the costs figure, a hearing will be listed for the first date after
17 November so that costs can be assessed by the Court;
e) If Mr Daleman has not paid the full sums secured by the
Charging Orders, there will be a hearing for the first date
after 17 November. At this hearing, the Court will hear from
the valuers regarding the minimum sale value that NCC/DDC
can sell the land for and will also assess costs;
Mr Daleman had until 10 October to pay NCC/DDC the full
sums due under the Charging Orders. If he failed to do so, we
simply need to attend Court to allow the Court to set the
minimum value that the property can be sold for. NCC and DDC
agreed to and subsequently withdrew the existing Enforcement
Notices on 6 August 2014. The 10 October 2014 passed
without the County Council receiving payment from Mr
Daleman, therefore the next stages of action which will
commence promptly, are:
a) To get the matter relisted at Court;
b) Prepare a statement on summarising the actions to date;
c) Instruct Counsel to attend hearing to gain order relating to
sale value, directions for sale and costs of this action;
d) Pending the completion of the hearing, deal with selling
the property.
The Court hearing for the valuation to be agreed took place on
17 April 2015.
Mr Daleman attended the court and
endeavoured to get an adjournment. However, the judge did
not allow this and the Consent Order for the sale of the land
was granted. The process for selling the land to recover the
outstanding debt owed is therefore proceeding.
Heath & Hawkes Ltd, Think Environmental Ltd, Clydesdale
Bank PLC, A2E Venture Catalysts Ltd. – 30 September 2011
Storage of bio-dried waste on the land other than in the drying
bays identified on the approved site plan – Blackbridge Farm,
Cranford Road, Burton Latimer, Kettering, NN15 5JJ
Summary of case Planning permission 09/00014/WAS was granted to Think
(Also see Appendix Environmental Limited (TEL) on 20 May 2009 for the bio-drying
and pyrolysis of waste at Blackbridge Farm, Kettering. The
A)
operator had problems developing the site, leading to TEL
storing waste externally outside of the drying bays. The County
Council served an Enforcement Notice requiring that storage
cease. An Appeal was lodged against the notice and then
withdrawn in January 2012. The notice is now active requiring
the waste to be moved by 14 March 2012.
Latest position and The majority of waste was moved onto the processing bays as
required by the Enforcement Notice, and it was deemed that
course of action
TEL had complied with the notice. The waste has remained insitu for over 3 years, together with a further approximately 3,000
Recipient and date
of notice
Nature and location
of development
tonnes remaining on land adjacent to the A14. The most recent
visit to the site by officers of the Waste Planning Authority was
on 26 February 2015, confirming the status of the site remains
the same. The Environment Agency monitors the site frequently
given the breach of the Environmental Permit and related
actions. The position of the company has remained over the
last 3 years – that the removal of the waste is dependant upon
raising the necessary finance and that there is still an intention
to commence pyrolosis (without bio-drying). The Environment
Agency served a Revocation Notice for the Environmental
Permit, requiring all waste to be removed from the site. The
company appealed against the notice which was considered at
a Hearing on 10 December 2013, in which the County Council
participated. The County Council supported the action taken by
the Environment Agency. The outcome of the hearing was
received on the 8 May 2014 and the appeal was dismissed. The
waste remaining at site had to be removed by the 31 August
2014, but have not been removed by the required date. The EA
has also received confrmation that Think Environmental Limited
has been put into Liquidation, but that there is the potential for
Think Greenergy to voluntarily take on the liabilities of the site
and develop the pyrolsis element of the development. The
County Council continues to liaise with the Environment
Agency. The County Council has served a PCN on the
landowners and other parties considered appropriate to
consider whether any further action is possible and appropriate.
4) Cases currently being investigated
Location
Abbey Primary School,
Northampton
Wollaston School,
Irchester Road,
Wollaston
Nature of alleged breach
Date of receipt
Breach of condition requiring landscaping 20/03/2014
to be submitted prior to the occupation of
the new building. The Property Asset
Management section has advised that a
scheme is being prepared with a view to
submitting the scheme shortly.
Installation of unauthorised external air 06/01/2015
heating and cooling equipment. The plant
was installed as part of refurbishment
works approved under permission ref.
14/00004/CCD, although are larger and
have a greater functionality and noise level
than on the approved application details,
which is therefore a breach of condition 2.
The school has instructed a qualified
acoustician who has produced a report
confirming excessive noise levels, and
producing a mitigation scheme to make
noise levels acceptable before regularising
the unauthorised plant under the land use
planning regime.
Sywell Aerodrome
Allen’s Scrap Yard,
Station Road,
Irthlingborough
Mill Hill, Great Oakley,
Corby
Importation of materials above the 07/05/2015
approved levels under planning permission
ref. no. 13/00111/WASFUL. A visit was
undertaken with the operator confirming
that the development is not above the
approved levels and that an NMA appears
the most appropriate way to deal with the
outstanding topsoiling.
The operator has erected a waste 20/05/2015
processing building without the benefit of
planning permission. The application was
initially submitted to East Northamptonshire
Council, but was deemed to be a County
Matter. The County Council is in receipt of
an application (15/00038/WASFUL) but is
awaiting the submission of further
information and the correct fee before it
can be validated.
The land owner or operator has tipped road 18/05/2015
planings within a field. It is suspected that
these could be for integration within an
agricultural road, which is not likely to
require planning permission.
Officers
intend to trace the landowner and ask their
intentions for the material.
5) Completed & progressed cases
Since the last Development Control Committee report on 16 June 2015 complaints have been
received about noise levels being generated from Ringstead Grange Quarry at a nearby
residential property. Following investigation and monitoring by the operator and the
Environmental Protection Officer it was found that both levels were below the permitted limits
in the planning permission. Additionally the operator is reconfiguring operations to further
reduce noise levels.
A complaint was received in respect of odour about operations taking place at an In-Vessell
Compositing facility at Brown’s Road in Daventry. The operator submitted a report in
accordance with the complaints procedure under the conditions of the planning permission,
which isolated the source of the odour. As this is a pollution control matter also dealt with
under the Environmental Permit, the complaint has been referred to the Environment Agency
for action.
The County Council recieved complaints about HGV routeing which were alleged to be
associated with an Anaerobic Digestion facility permitted by the County Council at Westwood.
However, subsequent investigations have revealed the vehicles were not associated with the
AD facility, but another site which has been addressed by East Northamptonshire Council.
A complaint which was received about the importation of an unauthorised waste type at an
inert waste recycling facility at Gretton Brook Road in Corby has now been resolved as the
company removed the waste materials in the agreed timescale.
6) Site Monitoring Visits
The County Council is able to charge to visit permitted mineral and waste sites under the
Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site
Visits) (England) Regulations 2012. The standard fee is £331 per active site £110 per
dormant/inactive site. For the current 2015/15 monitoring year it has been estimated that the
Council will undertake 50 visits to active sites and 4 visits to dormant sites which will generate
an income of £16,990. So far the Council has visited 13 active sites generating an income of
£4,303.
Author:
Contact details:
Background Papers:
Does the report propose a key decision is
taken?
If yes, is the decision in the Forward
Plan?
Will further decisions be required? If so,
please outline the timetable here
Is this report proposing an amendment to
the budget and/or policy framework?
Have the financial implications been
cleared by the Strategic Finance
Manager (SFM)?
Have any capital spend implications been
cleared by the Capital Investment Board
(CIB)
Has the report been cleared by the
relevant Director?
Has the relevant Cabinet Member been
consulted?
Has the relevant scrutiny committee been
consulted?
Has the report been cleared by Legal
Services?
Name: Dan Szymanski
Team: Development Control
Tel: 01604 368534, Fax: 01604 366065
Email:
Dszymanski@northamptonshire.gov.uk
None
NO
N/A
NO
NO
NO. There are none relevant to the
determination of the planning application.
Name of SFM: N/A
N/A
NO but cleared by Assistant Director
Environment and Planning
NO
NO
NO
Solicitor’s comments: N/A
Have any communications issues been
cleared by Communications and
Marketing?
Have any property issues been cleared
by Property and Asset Management?
Has an Equalities Impact Assessment
been carried out in relation to this report?
Are there any community safety
implications?
NO
Name of officer: N/A
N/A
NO. There are no equal opportunity
implications relevant to this application.
These are considered in the report.
Are there any environmental implications:
Are there any Health & Safety Implications:
Are there any Human Resources
Implications:
Are there any human rights implications:
Constituency Interest:
These are considered in the report.
NO
NO
Complaints procedures afford individuals the
rights to have their say on the development
proposed and for the impacts of the
development to be assessed having regard to
the potential for impact on any individual, and
the decision to be made taking into account
any views expressed. The most relevant
parts of the Human Rights Act are: Article 6
(Right to a Fair Trial); Article 8 (Right to
Privacy); Article 10 (Freedom of Expression);
and Protocol No1 which entitles every person
to peaceful enjoyment of his/her possessions.
Countywide