Enforcement

On Thursday 6th of September Caradon planning committee voted in favour of enforcement action at Trevalon. They now want us to cease residential occupation of the mobile home and remove the shipping container, that we use for packing vegetables.

Having somewhere secure to pack vegetables is essential to running the business as is having someone present on site. We now have no choice but to appeal the decision with the planning inspectorate.

Unfortunatly this is only the beginning of the nonsense. Dispite us having 7 hectares of land the planners are claiming that we have less than 5 hectares and are saying that we can not dig an 8m by 8m pond without planning permission (work is due to start in two weeks time).

Also they are requesting that the small touring caravan that is used by volunteers is removed from site when not in use. Not very practicle.

A copy of the letter sent by the planning officers and recieved on 6th September pasted below.

DEVELOPMENT AND BUILDING CONTROL
Head of Development Control Sue Walters MA. M.R.T.P.I DMS

Orchard Land Trust Ltd
C/o Mark Simon
Trevalon
Church Hill
Herodsfoot
Liskeard
PL14 4RS

08 September 2007

Luxstowe House, Liskeard, Cornwall, PL14 3DZ
Planning Reception Telephone: (01579) 341400
Planning Reception Facsimile: (01579) 341004
Chief Executive : Byron Davies
This matter is being dealt with by Mr Michael Lowe
Team Manager Enforcement
email: mlowe@caradon.gov.uk
Tel no. 01579 341430

Dear Mr Simon,
07/00305 – MOBILE HOME, CARAVANS AND OTHER ITEMS ON SITE AT TREVALON, HERODSFOOT

Thank you for your letter dated 26th August and accompanying enclosures regarding the above.

You have asked me about the need for a vegetable packing facility, office and restroom. This accommodation appears to be reasonably necessary for the maintenance of your business. However I would have thought that these could be included within the large pole barn which is currently under construction on the site and consequently separate structures would not be necessary for these. However, if you can reasonably demonstrate that these facilities can only be provided within extensions to this pole barn or in separate sensitively designed structures, I am sure these would be supported by Council officers dealing with any future planning application.

I note from the planning history you have had a series of planning refusals regarding your “permitted development” prior notification application refusals due to your agricultural holding being less than 5 hectares, proximity to road etc. However, I cannot see any planning objection to your siting these facilities within the new pole barn that might warrant a refusal of planning permission through the submission of a full planning application.

Turning to the shipping container, this requires planning permission as it is an unauthorised permanent structure. Case law (Thurrock BC 17/8/93 and Rochdale MBC 24/1/95) supports our view that the size, permanence and difficulty in moving these bulky structures means that they are development and thereby require planning approval.

In terms of your “permitted development” rights for a pond, it is apparent to me from your refusals last years that you have yet to convince this authority that the site constitutes an agricultural unit of over 5 hectares. If at some point in the future, your enterprise grows and you are actively farming all the land within the Trust’s possession then you would need to submit a Prior Agricultural Notification which allows the Council to check whether it complies with the “permitted development” terms of the GPDO and whether it is requires prior approval of certain aspects of the development. Consequently, you should not construct this pond without a grant of full planning permission and I trust you will not proceed with any construction works until you have this authority’s approval. Please can you confirm your intentions in this regard.

The touring caravans on the site seem to be used for either agricultural storage or for seasonal workers. The one used for seasonal workers should be removed when it is empty in compliance with Class A if Part 5 of Schedule 2 of the GPDO and supported in case law (Somerset CC 1/8/85 and South Lakeland DC 1/2/85). Please can you confirm when the caravan in question will be removed from the site accordingly.

Thank you for submitting the information relating to the Social Consequences questionnaire. Having considered this I am not persuaded that it is functionally necessary for the site to have on-site residential accommodation. Although, undoubtedly it is more convenient for you to live on site, I consider you would still be able to have access to your children and the business would not be terminally compromised if you lived in a nearby established settlement such as Dobwalls, Pelynt, Liskeard etc.
Regarding your request for us to carry out some planning history research for you, we are able to do this for you but there will be a charge for administration, copying etc. Please contact Sam Hunkin on 01579 341411 to arrange for the payment of monies prior to this research being carried out on your behalf.

The compliance period of 2 months would be sufficient to allow you to find alternative residential accommodation in the area, however you may wish to discuss your eligibility for housing from the Council’s list with my Housing colleagues on 01579 341100.
I hope this letter addresses the points in your correspondence and I will be in touch again soon following tonight’s Planning Committee meeting. Please can you respond to the points raised in this letter in the meantime.

Thank you for your continuing co-operation in this matter.

Yours sincerely



for Susan Walters
Head of Development Control