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The Enforcement Appeal and Planning Applications

A Simple Guide to the Enforcement Appeal

The Background

On Friday the 22nd May 2009 (a Bank Holiday weekend) at around 5.15pm, local residents were horrified to see large numbers of vehicles and men plough through a hedgerow bordering a piece of agricultural land on Southend Lane, and begin to transform it into a vast building site.

The field had been recently sold, and for some months neighbours from nearby houses had been in contact with the Forest of Dean District Council hoping to prevent just such a breach of planning law occurring. Unfortunately until events like those now unfolding in the field were under way, there was nothing which could be done.

Because the field’s new owners had chosen a Bank Holiday weekend to commence their unauthorised development, a majority of the work was complete before any action could be taken, a judge having refusing to grant an Interim Order requested by the Council on 23rd May. By the next week a sizeable chunk of the field had become a caravan park with a tarmacked access road and 13 large plots with hard standings, mains electricity hookups, mains water and access to portaloos or one of their newly installed septic tanks.

What Action Has Been Taken?

In the absence of prior planning permission, the FODDC issued an Enforcement Notice giving 28 days notice that the site must be returned to its original condition and be vacated within 12 weeks. Perhaps unsurprisingly, the people on site ignored the order and have lodged an Appeal which will be decided at a public enquiry later on this year. At present this Appeal against the Enforcement Notice is our pressing concern, because if upheld the site is likely to become a permanent fixture.

It should also be noted that currently only about half the field has been developed so there’s huge scope for expansion.

On What Grounds did the Council Issue the Enforcement Order?

The full details of the notice, plus a detailed explanation of the more complex points relating to planning policy and guidelines can be found in the Details section, but two of the main points which you may feel affect you as a local resident are as follows:

1 This unauthorised development is harmful to the visual amenities of the area.

Anybody viewing the site in the course of their daily life can see that it’s not at all in keeping with its surroundings and could be considered detrimental to an irreplaceable natural resource - the countryside. It doesn’t matter whether you can see it from your house or indeed from any one of numerous viewpoints whilst out walking the dog or just taking a stroll along one of the nearby public footpaths, your opinion matters!

2 This unauthorised development is prejudicial to interests of road safety.

With upwards of 20 caravans currently on site and scope for this to greatly expand in the future, there’s been a huge increase in road and foot traffic along a narrow lane - a no through road. There’s also the wider issue of the added volume of traffic on Culver Street and on into the town itself, along roads with poor pavement provision and many narrow sections without passing places.

What next?

Although totally supportive of the Gypsy and Traveller families’ right to properly provisioned sites, SLAM! wholeheartedly agrees with the FODDC’s assertion that this development is unsuitable in this location.

A public enquiry will be held later this year and anyone with an opinion was given the opportunity to express themselves. Large numbers of you did so and SLAM! would like to thank you for taking the time to make your make your feelings known to the Planning Inspectorate.

The deadline of 11th August has now passed.

Further Information

Click on the link below to download a booklet provided by the Planning Inspectorate website. It contains useful info about the Inquiry process itself as well as some insights into the actual proceedings:

Guide to taking part in planning appeals proceeding by an inquiry

We also have more detailed information about some of the more technical aspects of the Visual Amenity part of the FODDCs Enforcement Notice on this seperate page:

Details of the Enforcement Appeal

Detailed analysis of the Enforcement Appeal

Ref. Enforcement Appeal, Mr R Jones, Land off Southend Lane
APP/P1615/C/09/2107067

The Council have quoted the reasons for the issuing of the Enforcement Notice as follows;

  1. breach of planning is within 10 years……..obviously!
  2. the development is harmful to the visual amenity of the area, prejudicial to interests of road safety, and contrary to Regional Planning Guidance (RPG) 10 for the South West, policies VIS 1 and SS19, also Glos Structure Plan policies S4,S5, S6, H10 and NHE1, and District Local Plan review policies (R)FNE. 1 and (R)FT.2

Below are the policies/guidances referred to, with some clarification.

Policy VIS 1: Expressing the Vision

The vision of Regional Planning Guidance is to:

  • Promote a sustainable development pattern and set out a sequential approach to the location of development.
  • Minimise the need to develop on greenfield sites and to travel.
  • Develop an integrated approach to urban and rural areas eg policies to promote
  • Development on previously developed land will not only benefit urban areas: by easing pressures on rural development, they will also help to secure the future of the countryside.
  • Concentrate growth at the Principal Urban Areas (PUAs) and other designated centres of growth.
  • Recognise the different roles of appropriate development in market towns, and key villages in rural and coastal locations, as places where development will be favoured locally.

Policy SS 19: Rural Areas

Market towns should be the focal points for development and service provision in the rural areas and this role should be supported and enhanced. Outside market towns, development should be small scale and take place primarily within or adjacent to existing settlements, avoiding scattered forms of development. Local authorities in their development plans should:

  • Locate development to support the rural areas primarily in market towns, identified and designated in development plans through a balanced mix of homes, jobs, services and facilities suitable to the scale and location of such settlements;
  • Adopt policies which support the restructuring of the rural economy and the provision of jobs to satisfy local needs;
  • Set out policies for supporting sustainable farm diversification schemes which help to maintain the viability of the agriculture sector and rural economic vitality;
  • Seek ways of providing for essential shops and services to serve the rural areas;
  • Promote improved and integrated public transport, communications and service
  • Delivery and support innovative community based solutions to public transport and communications, in order to increase access to jobs, housing and facilities;
  • Limit housing growth in market towns near larger urban areas where it would fuel commuting rather than meet local needs.

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