Contact: Richard Read, ext 6727

1. Summary

1.1 This report considers action to be taken against the continued use, subsequent to the expiry of permission, of the waste transfer station at North Common Lane, Sway. In the light of changed circumstances, it is recommended that enforcement action be deferred until the end of the year.

2. Background

2.1 On 27 February 2002 Members considered a report to allow the continued use of land at North Common Lane, Sway as a waste transfer station for a further 12 months until 31 December 2002. Members resolved to grant permission for only six months, subject to the completion of a legal agreement for a financial contribution to highway maintenance and lorry routeing.

2.2 The permission has not been issued as the legal agreement is incomplete, so in effect the application remains undetermined. Notwithstanding this issue, the site has been operated in compliance with the approved conditions. In keeping with the conditions, the site should have ceased operations and been restored by 30 June 2002. However, operations are continuing.

2.3 Before 30 June 2002 the applicant/operator submitted an appeal against non-determination of the application to the Planning Inspectorate. He also submitted a planning application for a replacement site, illustrated on the attached plan. It is proposed to report the application to Members in September.

3. Enforcement

3.1 It is an option for the County Council to take enforcement action to stop operations continuing and to require complete restoration of the current site. The operations on the site are continuing without the benefit of permission, and since the end of June are not covered by the approval given by Members in February. Enforcement action would therefore be in line with the intentions of the Member decision in February. It would also reflect the expectations of local residents, who have been in continual contact with County Planning staff over the last few months about the site, that operations would have now ceased.

3.2 On the other hand, any decision whether to enforce should take into account the existence of the application for a replacement site, the appeal, and Government guidance on enforcement.

3.3 The applicant has actively pursued alternative sites and had difficulties finding a suitable replacement. The current operation serves an area largely covered by very restrictive planning designations and siting opportunities are limited. Several proposals have been discussed with County Council staff and, apart from the one now the subject of an application, they give rise to major planning policy problems.

3.4 The appeal does not prevent the taking of enforcement action. However, the serving of an enforcement notice would likely be subject of its own appeal and operations would continue, while a joint planning and enforcement appeal was processed. The only remedy to this would be the issuing of a 'stop' notice which would take effect within three days of service and cannot be appealed against. However, before adopting this approach, consideration must be given to Government advice.

3.5 Advice on enforcement where there are possibilities of replacement sites is set out in paragraph 11 of Planning Policy Guidance Note 18 'Enforcing Planning Control' (PPG18) which states:

'If an alternative site has been suggested ...... the Local Planning Authority (LPA) should set a reasonable time-limit within which relocation should be completed. What is reasonable will depend on the particular circumstances, ...... . If a timetable is ignored, it will usually be expedient for the LPA to issue an enforcement notice.'

3.6 With regard to the taking of immediate action paragraph 13 states:

'Where, in the LPA's view, unauthorised development has been carried out and the LPA consider that ...... the breach is causing serious harm to public amenity in the neighbourhood of the site, the LPA should normally take vigorous enforcement action (including if necessary the service of a stop notice) to remedy the breach urgently, or to prevent further serious harm to public amenity.'

4. County Planning Officer's Comments

4.1 The circumstances with the current transfer station at Sway are frustrating and the concerns of residents are legitimate. It is regrettable that the application for the new replacement site has been submitted so late. Ideally, it should have been with the County Council three or four months ago so the matter could have been resolved before the end of June. However, a view should be taken now as to whether operations can be considered as 'causing serious harm to public amenity'. The issue is a matter of judgement, but taking into account planning circumstances elsewhere - which an Inspector would, if the matter became subject of an enforcement appeal - the situation is not very severe on the scale of harm. It would therefore be difficult to justify the service of a 'stop' notice.

4.2 Moreover, on the question of whether any enforcement action should be taken at all at this stage, it seems clear from Government advice that, as an alternative site is being considered, serving of an enforcement notice at this time is not advised.

4.3 It is recommended therefore that the operator/applicant be required - without pre-judging the outcome on the application for a replacement site on the neighbouring land - to vacate and restore the current transfer station site off North Common Lane within six months. This period would be needed to deal with planning and waste management licensing applications and site preparation works. Failure to comply with this would mean that the County Council would consider again whether to take full enforcement action, including the issue of a stop notice, at the beginning of 2003.

Recommendation

That consideration of enforcement action against the unauthorised use of land off North Common Lane, Sway be deferred for six months to enable the operator to obtain planning permission, a waste management licence and carry out site works on an alternative site, subject to the relevant conditions approved on 27 February 2002 in connection with Application No. 73737 being adhered to and the operator undertaking to route lorries appropriately.

7277/RR