Sunday, 23 September 2007

Enforcement notice arrives

This week we received and enforcement notice from Caradon District Council, the text is copied below. We now need to prepare for our appael to the Secretary of State, any letters of support would be welcome.

IMPORTANT - THIS COMMUNICATION AFFECTS YOUR PROPERTY’

TOWN AND COUNTRY PLANNING ACT 1990
(as amended by the Planning and Compulsory Purchase Act 2004)

ENFORCEMENT NOTICE

ISSUED BY: CARADON DISTRICT COUNCIL

1.THIS NOTICE is issued by the Council because it appears to them that there has been a breach of planning control, within paragraph (a) of section 171A(1) of the above Act, at the land described below. They consider that it is expedient to issue this notice, having regard to the provisions of the development plan and to other material planning considerations The Annex at the end of the notice and the enclosures to which it refers contain important additional information.

2.THE LAND TO WHICH THE NOTICE RELATES

Trevalon, Church Hill, Herodsfoot, Liskeard (Grid Ref 221977 60658), shown edged in red on the attached plan (“the land”).

3.THE MATTERS THAT APPEAR TO CONSTITUTE THE BREACH OF PLANNING CONTROL
(i) The unauthorised residential use of a static caravan.

(ii) The unauthorised siting of storage container.

4.REASONS FOR ISSUING THIS NOTICE

It appears to the Council that the above breach of planning control has occurred within the last 4 years. The Council considers the unauthorised development which constitutes the breach of planning control to be unacceptable for the following reasons:­

(i)There is no functional need and insufficient agricultural justification that warrants the need for a new residential unit of accommodation within the open countryside. Therefore the residential occupation of the caravan is contrary to, Policies 1, 10 and 26 of the Cornwall Structure Plan 2004, and Policy 1107 of the Caradon Local Plan First Alteration (August 2007) and the advice contained within Planning Policy Statement 1 (PPS1): Delivering Sustainable Development and Planning Policy Statement 7 (PPS 7):Sustainable Development in Rural Areas.

(ii)The site is located within the open countryside, is elevated and visually prominent, the site also lies within the boundary of an Area of GreatLandscape Value. Therefore the siting of the storage container, by reason of its design and substantial size, is an alien form of development, which is completely out of character and unsympathetic to its surrounding rural environment. The storage container significantly detracts from the visual amenity of the area and has an adverse impact on the landscape quality of the Area of Great Landscape Value. As such, the development is contrary to policies CL8 and CL9 of the Caradon Local Plan First Alteration, Policies 1 and 2 of the Cornwall Structure Plan 2004 and the advice contained within Planning Policy Statement 7 (PPS7): Sustainable Development in Rural Areas.


5.WHAT YOU ARE REQUIRED TO DO

(i)Cease the residential occupation of or remove the static caravan from the site.

(ii)Permanently remove the storage container from the site.

6. TIME FOR COMPLIANCE

2 months after this notice takes effect


7. WHEN THIS NOTICE TAKES EFFECT

This notice takes effect on the 15th October 2007 unless an appeal is made against it beforehand.


Dated: 17th September 2007

Signed:
(on behalf of)
For Sue Walters
Head of Development Control
For Caradon District Council
Luxstowe House
Liskeard
PL14 3DZ