Rother District Council Agenda Item: 5.1 (i)
Committee - Planning
Date - 16 February 2006
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 enforcement notice and take any other steps necessary including legal action under Sections 179 and 181 of The Town and Country Planning Act 1990.
This report supports the Key Aim of Protecting and Enhancing the Built and Natural Environment
BATTLE - Cornerwood Farm, Pepperingeye Lane -
Material change of use of the land
1. Cornerwood Farm extends to some 11.5 hectares and comprises of mainly pastureland with a small area of woodland and is situated within The High Weald Area of Outstanding Natural Beauty. Access to the land is by way of a rough track leading from Pepperingeye Lane towards the north western corner where there is a range of buildings that forms the farmyard complex comprising of stables, a small hay barn and a chicken coup. These buildings in the main support the equestrian use. The planning history of the site is complex, however, the current planning status benefits from a mixed use of agricultural and equestrian uses. There appears to be little evidence of any intensive agricultural uses on the land apart from two sheep grazing on the southernmost part of the pastureland. Recent planning approvals that are pertinent to this report are:
RR/90/2602/P Change of use to agriculture and the keeping of horses conditional approval 10 June 1991; and
RR/2001/1444/P Erection of two chicken houses conditional approval 16 August 2001.
2. A recent site inspection showed that there were various items being stored on the land unrelated to the agricultural/equestrian use. These included motor vehicles, scrap, and other detritus waste materials, redundant box type mobile units and vehicle wheels and tyres. Also an amount of waste had been deposited in a hollow on the land. In view of the fact that the site is in an Area of Outstanding Natural Beauty, I consider that it is expedient to take enforcement action as these items are having a harmful effect on the character of the area.
Breach of planning control
3. The material Change of Use of the Land - to a mixed use of agricultural and equestrian uses and for the storage of non-agricultural materials, including, motor vehicles, scrap and other detritus waste, redundant box type mobile units, vehicle wheels and tyres, calor gas containers, a quantity of redundant corrugated asbestos, plastic containers marked oil and other items not requisite for the purpose of agriculture or equestrian uses. In addition there is waste which has been deposited in an area of isolated woodland.
Steps to be taken
4. (i) Discontinue the use of the land for the deposit and storage of items and materials not requisite for the purpose of agriculture or equestrian uses.
(ii) Remove all items, materials and motor vehicles that are not requisite for agricultural or equestrian purposes including, motor vehicles, scrap and other detritus waste, redundant box type mobile units, vehicle wheels and tyres, calor gas containers, a quantity of redundant corrugated asbestos, plastic containers marked oil, a trampoline and other items not requisite for the purpose of agriculture or equestrian uses, from the land.
Reasons for taking enforcement action
5. The site is within the countryside and lies within The High Weald Area of Outstanding Natural Beauty, where Policies S1(j) EN2 and EN3 of the East Sussex & Brighton & Hove Structure Plan 1991 – 2011 and Policies DS1(vi) and GD1 (iv) and (v) of the Rother District Local Plan: Revised Deposit (November 2003) indicate that development will be carefully controlled to protect the character of the area. The storage of these items is out of keeping with the rural area. The development as such, has a detrimental impact on the character and appearance of the High Weald Area of Outstanding Natural Beauty. The development therefore conflicts with the above-mentioned policies.
Time for Compliance
6. Three months.
Anthony Leonard
Director of Services
pl060216 – Enforcement Matter BATTLE - Cornerwood Farm