Archived decisions

Contact: Neil Chester, ext 6496 email: [email protected]

1. Summary

1.1 At its meeting on 27 October 2005 this Committee considered an application for use of land for a recycling facility for processing of inert construction and demolition material at Rookery Farm Landfill Site, Botley Road, Swanwick. The Committee refused planning permission.

1.2 Planning permission for the recycling operation expired on 31 December 2004, although the use had continued pending the outcome of the application.

1.3 The applicant has submitted an appeal against the refusal of planning permission and has advised the County Council that he would wish to continue the previously permitted activities at Rookery Farm pending the outcome of the appeal.

1.4 The Committee is to consider whether the breach of planning control, namely the continuation of the activities without planning permission, would unacceptably affect public amenity meriting protection in the public interest. The County Council can take enforcement action where it is considered expedient to do so having regard to the provisions of the development plan and to any other material considerations. Any enforcement action should be commensurate with the seriousness of the breach of control it is intended to remedy.

2. Background

2.1 At its meeting on 27 October 2005 this Committee considered an application for use of land for a recycling facility for processing of inert construction and demolition material at Rookery Farm Landfill Site, Botley Road, Swanwick.

2.2 Members considered that the proposal would be contrary to Policy 46 (iv) of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan as the estimates of noise generated from the operation of the site would give rise to an unacceptable disturbance to local residents and that the applicant has not demonstrated that dust generated by the operation of the site can be adequately controlled to prevent an unacceptable impact for local residents.

2.3 The applicant has appealed against the refusal of planning permission and has written to the County Council stating their wish to continue the recycling activities at Rookery Farm pending the outcome of the appeal.

2.4 Planning permission for the recycling operation expired on 31 December 2004. This raises the question of what action should be taken in respect of the recycling activities.

2.5 The local planning authority has a discretion as to whether to take enforcement action. The Committee has to consider whether the breach of control would unacceptably affect public amenity meriting protection in the public interest and thus that enforcement action should be taken. Government guidance is that enforcement action should only be taken where it is considered expedient to do so having regard to the provisions of the development plan and any other material considerations, and that any enforcement action should be commensurate with the seriousness of the breach of control it is intended to remedy.

2.6 The applicant has requested the County Council's agreement to continue to operate the recycling facility pending the outcome of the appeal. During this period the applicant has undertaken to comply with the conditions proposed in the Chief Planning Adviser's report to the Regulatory Committee on 27 October.

3. Enforcement

3.1 Counsel's advice has been taken on the merits of taking enforcement action at the site and on the County Council's case at the forthcoming appeal. The details of this advice will be made available to the Regulatory Committee in a confidential session at the meeting on 30 November 2005.

3.2 The County Council may serve an enforcement notice requiring that the activities at Rookery Farm cease within a specified timescale. It is considered that it would be expedient to take enforcement action as the Council consider that local residents have been subject to unacceptable noise impact and this should no longer be allowed to continue. It is the purpose of Policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan to protect amenity, and it would be consistent for enforcement action to be used to meet this objective.

3.3 The applicant has the right of appeal against an enforcement notice and it is likely that such an appeal would be heard at the same time as the appeal against the refusal of planning permission. Appealing the enforcement notice would enable the applicant to continue operating unless a stop notice is subsequently served, which would secure the cessation of operations pending the appeal. A stop notice should only be served in circumstances where the breach in planning control is causing serious harm to public amenity. In serving a stop notice the County Council may be liable to pay compensation to the applicant.

3.4 With regard to the forthcoming planning appeal the County Council should defend its decision on the grounds of adverse noise impact only.

Recommendation

That:

(a) the taking of appropriate enforcement action be authorised, including the serving of enforcement notices if necessary, to secure the cessation of the recycling activities at Rookery Farm; and

(b) the County Council defend its decision at the forthcoming appeal on the grounds of adverse noise impact only.

716/NC