West Lindsey District Council PL.40 03/04
18
February 2004
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Subject: |
Enforcement action Ashlin Farm, Ashlin Lane, Dunholme, use of land and buildings for keeping and
breeding of dogs |
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Report By: |
Head of Planning
Services |
|
Contact Officer: |
Catherine
Bentley – Gainsborough 01427 676695 |
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Email: |
Summary:
This report seeks authority to take enforcement action to
remedy a breach of planning control in the change of use of land and buildings
for commercial breeding and keeping of dogs without planning permission.
Financial
Implications:
Enforcement
action and possible subsequent appeal proceedings will have cost implications.
Personnel
Implications:
Enforcement
action and any subsequent appeal proceedings will have implications for
planning and legal staff resources.
Environmental
Implications:
Successful enforcement action will mitigate the existing
identified noise nuisance to the neighbouring locality.
Community
Safety Implications:
None.
The
location of the business is not considered suitable in terms of West Lindsey
Local Plan Policies G1, E1 and E5.
Human Rights
Implications:
Careful consideration of the issues in the context of
existing adopted policies will ensure that Human Rights issues are not prejudiced
as a consequence of any approved action.
Link to
Council Priorities:
Enforcement
is a current service priority
Link to
Corporate Aims:
It is appropriate to seek to achieve development in
accordance with approved policies in the interests of improving the built and
natural environment.
|
Recommendation: That authority be given for appropriate
enforcement action to be taken in accordance with this report. |
1.
Background
1.1.
On 11 July 2000 planning
permission was granted for a stable block for 18 horses and change of use of
existing agricultural and storage units for stables 12 horses for commercial
use. (Application M00/P/0333).
1.2.
The three fields east
of Ashlin Farm were previously used for keeping pigs.
1.3.
Numerous
complaints were received by Environmental Protection Services relating to noise
nuisance throughout 2003 resulting in investigation leading to a noise
abatement notice being served on 3 October 2003. As at 11 December 2003 16 separate complaints
had been received.
1.4.
Environmental
Services referred the site to the Enforcement Officer to check the planning
position.
1.5.
The Community
Services team have also been involved as a breeding licence is required but
cannot be issued where planning permission is required but not obtained.
1.6.
On 6 February
2003 a letter was sent to the owner of Ashlin Farm,
Mr Charlie Pickering, indicating that it was believed that a business was being
operated for which planning permission would be required and requesting him to
contact the enforcement officer.
1.7.
A site visit took
place on 18 July 2003 when Mr Pickering confirmed that he had been keeping and
breeding greyhounds for almost two years.
He was advised that planning permission was required for the change of
use. Mr Pickering confirmed that he
would instruct his agent to submit an application.
1.8.
On 11 September
2003 a further letter was sent confirming that enforcement action would be
considered if the promised application was not received.
1.9.
30 September 2003
Mr Pickering telephoned advising that the application would be hand delivered
within 2-3 days.
1.10.
On 3 October 2003
a noise abatement notice was served upon Mr Pickering.
1.11.
On 17 December
2003 a further site meeting took place when Mr Pickering confirmed that at that
date the number of dogs was in the region of 165. Mr Pickering indicated that he intended to
reduce the number of dogs on site and would submit an application to seek
retrospective consent. Photographs were
taken of the various areas housing the dogs.
2.
The current position
2.1.
Part of the
stable block granted permission under M00/P/0333 is being used to kennel the
breeding bitches and their litters. At
17 December 2003 8 stables were occupied, five of which with new litters, three
with bitches due litters.
2.2.
Three fields east
of the stable block are being used to house dogs.
2.3.
The first field
contains 34 metal cage pens each housing one dog. A further 48-50 dogs were kept loose in the
field bounded by fencing.
2.4.
The second field
contains 16 dogs separated into two enclosures.
2.5.
The third field
housed approximately 35 dogs.
2.6.
The dogs are
either in the open fields or sheltered by pig arcs which remain from the former
agricultural use.
2.7.
The noise abatement
notice was served on 3 October 2003 and Environmental Protection are seeking evidence to deal with the breach of the notice.
2.8.
Breeding is
continuing without a breeding licence.
2.9.
Ashlin Farm lies outside the development limit of Dunholme.
2.10.
As no application
has been submitted there is no evidence of any special circumstances justifying
development in the open countryside.
3.
Legal Position
3.1.
It appears that a
change of use of both land and buildings has taken place without planning
permission, in the use of stables and agricultural land for the breeding and
keeping of dogs.
3.2.
Under the
provisions of Section 172 of the Town and Country Planning Act the local
planning authority may issue an enforcement notice, where it appears to them
that there has been a breach of planning control, and that it is expedient to
issue a notice having regard to the provisions of the development plan, and any
other material considerations.
3.3.
It is your
officer’s opinion that it is expedient to take further action given the location
outside the development limit, and the noise nuisance factors reflected in the
serving of a noise abatement notice.
4.
Recommendation
The
Legal Advisor be authorised to serve an enforcement notice on the owner and/or
occupier of the land or any other person having an interest in the land.
The reasons for issuing the notice are:-
(i)
It appears to the
Council that the breach of planning control has occurred within the last 10
years.
(ii)
The breach of planning
control consists of the change of use of land and buildings, without planning
permission, for the purposes of commercial breeding and keeping of dogs.
(iii)
The site is
outside the development limit and the noise arising from the use of the land
may have an adverse effect on the quality of life of those living in the area,
as such the development is considered contrary to West Lindsey Local Plan
Policies G1, E1 and E5.
The
Council require the following steps to be taken:
(i)
Cease use of land
and buildings for the keeping and breeding of dogs for commercial purposes.
Period
for compliance: 3 months.
5.
Background papers
Enforcement File M02/E/ 298.