Rother District Council Agenda Item: 6.1 (ii)

Committee - Planning

Date - 19 July 2007

Report of the - Director of Services

Subject - Enforcement Matter

Recommendation: It be RESOLVED that subject to being satisfied evidentially, the District Secretary be authorised to issue the appropriate notice under Section 215 of the Town and Country Planning Act 1990 and take any other steps necessary, including legal action under Section 216 of the Town & Country Planning Act 1990.

HURST GREEN - Horseshoe Filling Station, London Road –

Untidy site

1. This site is situated on the west side of London Road the A21T, just to the north of the junction with the B2099 Ticehurst Road. The filling station has been closed for some years, and planning permission was granted in March 2005 for the change of use of the filling station to a haulage vehicle yard and erection of workshops and office (RR/2003/3269/P). However, that permission has not been implemented and the condition of the land and buildings has deteriorated. The buildings and petrol station canopy have pealing paintwork, there is graffiti and a broken sign on one of the buildings, and graffiti and boarded up windows on the former bungalow on the site. A row of concrete blocks have been placed along the road frontage that have partly been painted white. In addition the site is overgrown with vegetation. I consider that the condition of the site is such that the amenity of the area is adversely affected by the condition of the site, particularly bearing in mind the location of the site in the High Weald Area of Outstanding Natural Beauty. In my opinion formal action under Section 215 of the Town & Country Planning Act 1990 is justified. Ideally I would have wished to recommend that all the buildings and structures on the site be demolished. However, there is a right of appeal to the Magistrates Court in respect of any notice issued under Section 215. One of the grounds of appeal is that the requirements of the notice exceed what is necessary for preventing the condition of the land from adversely affecting the amenity of the area. Given that the buildings could be improved I consider that demolition, in this instance, would be excessive.

Steps to be taken

2. i) Paint the sides of the petrol canopy white after carrying out the necessary preparatory work;

ii) Paint the external elevations of the two most northerly buildings on the site white after carrying out the necessary preparatory work. Sufficient coats of paint shall be applied to cover the graffiti on the buildings;

iii) Remove any damaged signs on the site;

iv) Remove any graffiti from the brick building to the south of the site;

vi) Cut down all vegetation on the site to ground level;

vii) Paint all the surfaces of the concrete blocks on the frontage of the site white.

Period for compliance

3. Two months.

Anthony Leonard

Director of Services

pl070719 – Enforcement Matter HURST GREEN – Horseshoe Filling Station