Dear Ms Goodwin,

Further to your email of 18th December and Mr Barnes’ reply of 19th December I have provided below a response to the three questions which you asked.

We would like to know why enforcement action was not taken swiftly once reported to EDDC.

I have set out below a bullet point chronology of the actions taken by Officers in the investigation of the site;

  • The case file shows that in early September the Council received details of the alleged breach of planning control at Broadbridge. The case was logged on the 9th September.
  • On the 18th September Planning Enforcement Officers visited the site and spoke to an individual who purported to be the manager of the site. Officers advised the individual that the Council would need to undertake a Gypsy and Traveller Audit. The relevant forms were left with the individual who said they would be completed an returned.
  • On the 20th November, in the absence of a returned audit, another site visit was made.
  • On the 26th November an application for a lawful development certificate, 3/14/1114/CLP, was received.
  • On the 9th December a letter was delivered, by Planning Enforcement Officers, to the site setting out the breach in relation to the residential use of caravans on the land pending the determination of the lawful development certificate.

The Council before taking any formal Enforcement action need to have a robust evidence base. The collection and consideration of this evidence may result in what can be seen as delays but it is important that the Council can defend its position should it serve a formal notice which is subsequently appealed.

In this instance a certificate of lawfulness has been submitted which contends that the use of the site for 5 vans is lawful. The Council need to consider the evidence put forward in the lawful development application before taking formal action.

We require clarification on the process should EDDC decide the current application is either lawful or unlawful.

I must stress that at this point in time the Council are still in the process of considering the application for a certificate of lawfulness and have not reached a final view. As the application is for a certificate of lawfulness there is no assessment against policy. The determination process hinges on one question, is it lawful for the site to be occupied by 5 caravans? As such to ensure that all legal matters are considered Officers have asked the Councils Legal Services to review points raised in the application.

Should it be found that the current application is lawful and a certificate granted Officers will monitor the site to ensure compliance with the certificate. This also includes any operational development (building or structures/ change in ground levels) that may have occurred on the site.

Should it be found that the current application is unlawful Officers will move forward with formal Enforcement action.

We are also concerned with both contamination of the watercourse and the environmental impact on the Heathland that is within 400m of the site.

Whilst these matters can’t be considered as part of the current application Officers are liaising with the Environment Agency and Natural England to investigate the impact that the development is having on watercourses and the Heathlands.

If you have any further questions or wish to discuss any of the points raised above please let me know.

Regards

Giles

Giles Moir
Development Management Manager
Christchurch and East Dorset Councils
Tel: / 01202 795104
Email: /
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