Archived decisions
Hampshire County Council Regulatory Committee 13 February 2006 Certificate of Lawful Use and Development and Enforcement - Newbourne Farm, Rockbourne, Fordingbridge (HCC Ref: NF252) Report of the Chief Planning Adviser to the Regulatory Committee |
Item |
Contact: Neil Chester, ext: 6496 email: [email protected]
With the concurrence of the Chairman under Section 100 (B) (4) (a) of the Local Government Act 1972, this matter is included on the agenda so that the Committee is aware of the action taken at Newbourne Farm, Rockbourne.
1. Background
1.1 On 5 December 2005 an application for a Certificate of Lawful Use and Development (CLUD) (App. No. 86715) for green waste processing at Newbourne Farm, Rockbourne was submitted to the County Council as Waste Planning Authority (WPA).
1.2 The decision to grant or refuse a CLUD application turns on whether sufficient evidence is provided to demonstrate, on the balance of probabilities, that the use has been continuous for period of ten years.
1.3 On 8 February 2006 the application for the CLUD was refused by the Director of Environment because on the balance of evidence produced it was considered that it was impossible to properly assess the volumes or tonnages of waste delivered to the site over the ten year period.
2. Enforcement
2.1 There is no planning permission for green waste processing at Newbourne Farm following the refusal of the CLUD application and therefore, the use is unlawful. In addition, there are currently large quantities of processed material in farm buildings, stockpiled within their curtilage and in an adjacent field, thus leaving the site unrestored.
2.2 In the light of the breach of planning control appropriate action will be taken. This action will need to have regard to the local concerns that lorries passing through Rockbourne village have an adverse impact on the local highway network in terms of safety and amenity and the adverse effects of the noise generated by the processing activities and commensurate with the seriousness of the breach of control it is intended to remedy.
Recommendation
That the Committee notes the actions by the Director of Environment to refuse the CLUD and take appropriate enforcement action to secure the cessation of the green waste processing and satisfactory restoration of the site at Newbourne Farm, Rockbourne
Section 100 D - Local Government Act 1972 - background papers | |
The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report. | |
NB the list excludes: | |
1. |
Published works. |
2. |
Documents which disclose exempt or confidential information as defined in the Act. |
TITLE |
LOCATION |
Certificate of Lawful Use and Development and Enforcement - Newbourne Farm, Rockbourne, Fordingbridge (HCC Ref: NF252) |
Environment Department Room 130 |
9349/NC