Agenda item

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/08/0331/B, enforcement action be authorised on the basis now detailed.

Councillor R Gilbert stated that, whilst he did not object to enforcement action, he was concerned that such action might put 7 people out of work.  He commented that the whole site had been untidy for some time, although he felt that the portacabin was not too bad as this was tucked away behind houses.

Councillor Gilbert expressed concerns that the site was covered in a number of skips that were being used for recycling.  Councillor B M Wrangles and Councillor Mrs M H Goldspink also had concerns that enforcement action would be costing a family their jobs. 

Councillor Goldspink stated that the portacabin was tucked away neatly behind the yard and enforcement action should not be taken.  Councillor W Ashley stressed that a notice has to be served to prevent the development becoming authorised by default.

Councillor M R Alexander stated that the Committee should be mindful that the site was in the metropolitan green belt and the reasons put forward by Members for not taking enforcement action were not compelling.

Councillor D Andrews commented that there was nothing portable about this unauthorised portacabin.  He stressed that there were other buildings on site that could be used for this type of business.

The Director confirmed that this was unauthorised development on a site that was in the metropolitan greenbelt.  He stressed that although some Members felt that the portacabin was tucked away, this was little more than a container and was inappropriate development within the greenbelt.

The Director stressed that Officers had very clearly defined where enforcement action was to be taken so that the Authority would not be over enforcing on what was a very small area on this site.  Officers were in negotiations with the owner of the site and Officers did not want to prejudice any further actions on this site.

Councillor R Gilbert proposed and Councillor A L Warman seconded, a motion that the period for compliance be extended to 6 months to allow the applicant more time to secure an alternative location for the business.

After being put to the meeting and a vote taken, this motion was declared CARRIED.

The Committee supported the Director’s recommendation for enforcement action to be authorised in respect of the sites relating to E/08/0331/B on the basis now detailed.

RESOLVED – that in respect of E/08/0331/B, the Director of Neighbourhood Services, in conjunction with the Director of Internal Services, be authorised to take enforcement action under Section 172 of the Town and Country Planning Act 1990 and any such further steps as may be required to secure the removal of the unauthorised developments from the land.

Period for compliance: 6 months.

Reasons why it is expedient to issue an enforcement notice:

1.            The portacabin building and storage compound lie within the Metropolitan Green Belt as defined in the East Hertfordshire Local Plan wherein permission will not be given except in very special circumstances for development for purposes other than those required for mineral extraction, agriculture, small scale facilities for participatory sport and recreation or other uses appropriate to a rural area. These developments do not relate to any of these uses, and there are no very special circumstances apparent in this case to justify their retention.  Furthermore, the unauthorised building is not of a suitable design and materials for the surroundings. The developments are therefore contrary to policies GBC1, GBC7 and GBC8 of the East Herts Local Plan Second Review April 2007 and contrary to national planning guidance in PPG2.