20
Planning Committee Wednesday 22 August 2012 at 7.30pm Council Chamber Runnymede Civic Centre, Addlestone Members of the Committee Councillors G B Woodger (Chairman), J M Edwards (Vice Chairman), J R Ashmore, Mrs F J Barden, M J Brown, H A Butterfield, D A Cotty, T. Dicks, Mrs E Gill, Mrs G M Kingerley, M T Kusneraitis, Mrs Y P Lay, H W V Meares, D W Parr, and J J Wilson AGENDA Notes: 1) Any report on the Agenda involving confidential information (as defined by section 100A(3) of the Local Government Act 1972) must be discussed in private. Any report involving exempt information (as defined by section 100I of the Local Government Act 1972), whether it appears in Part 1 or Part 2 below, may be discussed in private but only if the Committee so resolves. 2) The relevant 'background papers' are listed after each report in Part 1. Enquiries about any of the Agenda reports and background papers should be directed in the first instance to Mr B A Fleckney, Department of Corporate Governance and Assets, Runnymede Civic Centre, Station Road, Addlestone (Tel: Direct Line: 01932 425620). (Email: [email protected]). 3) Agendas and Minutes are available on a subscription basis. For details, please ring Mr B A Fleckney on 01932 425620. Agendas and Minutes for all the Council's Committees may also be viewed on www.runnymede.gov.uk. 4) Public speaking on planning applications only is allowed at the Planning Committee. For details please contact the Administrative Section of the Technical Services Department. (Tel Direct Line: 01932 425153) or view the guidance on the Committee web page. 5) In the unlikely event of an alarm sounding, members of the public should leave the building immediately, either using the staircase leading from the public gallery or following other instructions as appropriate. 'see overleaf' - 1 -

Planning Committee Agenda for 220812 - Runnymede · Planning Committee ... Any report on the Agenda involving confidential information ... In the unlikely event of an alarm sounding,

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Planning Committee Wednesday 22 August 2012 at 730pm

Council Chamber Runnymede Civic Centre Addlestone

Members of the Committee Councillors G B Woodger (Chairman) J M Edwards (Vice Chairman) J R Ashmore Mrs F J Barden M J Brown H A Butterfield D A Cotty T Dicks Mrs E Gill Mrs G M Kingerley M T Kusneraitis Mrs Y P Lay H W V Meares D W Parr and J J Wilson

AGENDA

Notes

1) Any report on the Agenda involving confidential information (as defined by section 100A(3) of the Local Government Act 1972) must be discussed in private Any report involving exempt information (as defined by section 100I of the Local Government Act 1972) whether it appears in Part 1 or Part 2 below may be discussed in private but only if the Committee so resolves

2) The relevant background papers are listed after each report in Part 1 Enquiries about any of the Agenda reports and background papers should be directed in the first instance to Mr B A Fleckney Department of Corporate Governance and Assets Runnymede Civic Centre Station Road Addlestone (Tel Direct Line 01932 425620) (Email bernardfleckneyrunnymedegovuk)

3) Agendas and Minutes are available on a subscription basis For details please ring Mr B A Fleckney on 01932 425620 Agendas and Minutes for all the Councils Committees may also be viewed on wwwrunnymedegovuk

4) Public speaking on planning applications only is allowed at the Planning Committee For details please contact the Administrative Section of the Technical Services Department (Tel Direct Line 01932 425153) or view the guidance on the Committee web page

5) In the unlikely event of an alarm sounding members of the public should leave the building immediately either using the staircase leading from the public gallery or following other instructions as appropriate

see overleaf

- 1 -

If you need help reading this document please contact the Council on 01932 838383 We will try to provide a reading service a large print version or another format

- 2 -

LIST OF MATTERS FOR CONSIDERATION

PART I

Matters in respect of which reports have been made available for public inspection

Page

1 FIRE PRECAUTIONS 6

2 NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP 6

3 MINUTES 6

4 APOLOGIES FOR ABSENCE 6

5 DECLARATIONS OF INTEREST 6

6 PLANNING APPLICATIONS 6

7 LOCAL DEVELOPMENT SCHEME 6

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT 8

9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES 19

10 STANDING ORDER 42 ndash URGENT ACTION 19

11 APPEAL DECISIONS 19

12 EXCLUSION OF PRESS AND PUBLIC 20

PART II

Matters involving Exempt or Confidential Information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 3 -

GLOSSARY OF TERMS AND ABBREVIATIONS

TERM EXPLANATION

BCN Breach of Condition Notice Formal enforcement action to secure compliance with a valid condition

BVPIrsquos Best Value Performance Indicators Specified by central government to measure performance on a wide range of Council services

CHA County Highways Authority Responsible for offering advice on highways issues relating to planning applications as well as highways maintenance and improvement

CLEUD Certificate of Lawful Existing Use or Development Formal procedure to ascertain whether a development which does not have planning permission is immune from enforcement action

CLOPUD Certificate of Lawful Proposed Use or Development Formal procedure to ascertain whether a development requires planning permission

Conservation Area

An area of special architectural or historic interest designated due to factors such as the layout of buildings boundaries characteristic materials vistas and open spaces

DC Development Control ndash the area of planning service that processes planning applications planning appeals and enforcement work

Design Statement

A design statement is submitted with a planning application and sets out the design principles that the applicant has adopted to make the proposal fit into its wider context

Development Plan

The combined policy documents of the Structure Plan Local Plan Minerals and Waste Plans Will shortly be replaced by the South East Plan the Local Development Framework and the Minerals and Waste Frameworks

DTS Director of Technical Services EA Environment Agency Lead government agency advising on flooding and

pollution control EIA Environmental Impact Assessment ndash formal environmental assessment of

specific categories of development proposals ES Environmental Assessment under the Environmental Impact Assessment

Regulations FRA Flood Risk Assessment

GPDO General Permitted Development Order Document which sets out categories of permitted development (see lsquoPD)

HGV Heavy Goods Vehicle LBC Listed Building Consent LDD Local Development Documents ndash component parts of the LDF LDF Local Development Framework The policy document that will guide

development in the Borough up to 2026 LDS Local Development Scheme - sets out the programme and timetable for

preparing LDDs Listed building An individual building or group of buildings which require a level of

protection due to its architectural interest historical interest historical associations or group value

LNR Local Nature Reserve Local Plan The current planning policy document that will be replaced by the LDF

LPA Local Planning Authority LSP Local Strategic Partnership ndash Leads on the Community Strategy

Material Considerations

Matters which are relevant in determining planning applications

Net Density As defined in PPG3 Housing The density of a housing development excluding major distributor roads primary schools open spaces serving a wider area and significant landscape buffer strips

- 4 -

TERM EXPLANATION

PCN Planning Contravention Notice Formal notice which requires information to be provided in connection with an enforcement investigation It does not in itself constitute enforcement action

PD Permitted development ndash works which can be undertaken without the need to submit a planning application

PDG Planning Delivery Grant An annual grant from central government which reflects the previous yearrsquos performance in delivering planning services

P amp I Policy and Implementation ndash the area of planning service that produces the Local Development Framework monitors development and supports the Runnymede Business Partnership and Travel Initiative

PINS Planning Inspectorate POS Public Open Space PPG Planning Policy Guidance This is guidance issued by the Secretary of

State detailing National Planning Policy within existing legislation PPS Planning Policy Statements The replacement title for PPG

Ramsar Site A wetland of international importance RIPA Regulation of Investigatory Powers Act Provides limitation on covert

surveillance relating to enforcement investigation SAC Special Area of Conservation ndash an SSSI additionally designated as a

Special Area of Conservation under the European Communityrsquos Habitats Directive 1992 in order to maintain or restore priority natural habitats and wild species

SANGS Suitable Alternative Natural Greenspaces SCI Statement of Community Involvement The document and policies that

indicate how the community will be engaged in the preparation of the LDF SEASA Strategic Environmental AssessmentSustainability Appraisal ndash formal

appraisal of the Local development Framework Sec 106 A legal agreement for the provision of facilities andor infrastructure either

directly by a developer or through a financial contribution to meet the needs arising out of a development Can also prevent certain matters

SNCI Site of Nature Conservation Importance A non-statutory designated area of county or regional wildlife value

South East Plan

Regional Planning Document produced in draft form by SEERA Will provide regional planning guidance and housing targets for individual Councils for the period up to 2026

SPA Special Protection Area An SSSI additionally designated a Special Protection Area under the European Communityrsquos Directive on the Conservation of Wild Birds 1979

SPD Supplementary Planning Document ndash provides additional advice on policies in Local Development Framework (replaces SPG)

SSSI Site of Special Scientific Interest SuDS Sustainable Urban Drainage Systems Providing urban drainage systems

in a more environmentally sensitive way by systems designed to reduce the quantity of run-off slow its velocity or provide for filtering sedimentation and biological degradation of the water

Sustainable Development

Sustainable development is the core principle underpinning planning It is defined as ldquodevelopment that meets the needs of the present without compromising the ability of future generations to meet their own needsrdquo

TA Transport Assessment ndash assessment of the traffic and transportation implications of a development proposal

TPO Tree Preservation Order ndash where a tree or trees are formally protected and prior consent is needed for pruning or felling

TRICS Computerised database and trip rate analysis used to estimate traffic flows to and from a variety of land uses to assess transportation implications of new development in southern England

Use Classes Order

Document which lists classes of use and permits certain changes between uses without the need for planning permission

- 5 -

1 FIRE PRECAUTIONS

The Chairman will read the Fire Precautions which set out the procedures to be followed in the event of fire or other emergency

2 NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP

3 MINUTES

To confirm and sign the Minutes of the meeting of the Committee held on 11 July 2012 as a correct record (Appendix lsquoArsquo)

4 APOLOGIES FOR ABSENCE

5 DECLARATIONS OF INTEREST

If Members have an interest in an agenda item please record the interest on the orange coloured form circulated with this Agenda and hand it to the Legal Representative or Committee Administrator at the start of the meeting A supply of the form will also be available from the Committee Administrator at meetings

Members who have previously declared interests which are recorded in the Minutes to be considered at this meeting need not repeat the declaration when attending the meeting Members need take no further action unless the item in which they have an interest becomes the subject of debate in which event the Member must leave the room if the interest is a disclosable pecuniary interest or if the interest could reasonably be regarded as so significant as to prejudice the Memberrsquos judgement of the public interest

6 PLANNING APPLICATIONS (DTS)

A list of planning applications to be determined by the Committee is attached Officers recommendations are included in the application reports

If Members have particular queries or interests in certain applications the application files will be available for inspection and Officers present from 700pm prior to the meeting in the ante room of the Council Chamber This will be an informal opportunity for Members to see further details of applications and representations and to discuss and clarify issues Copies of all letters of representation will also be placed on the table in the Chamber prior to the meeting and will be available for inspection by Members

Background Papers

A list of background papers is available from the Technical Services Department

7 LOCAL DEVELOPMENT SCHEME (DTS)

1 Purpose of Report

11 To seek Membersrsquo approval for revisions to the Local Development Scheme (LDS) including a proposed date for its commencement

2 Background Information

21 The Borough Council is required by law to produce a project plan known as a lsquoLocal Development Schemersquo (LDS) setting out how its Local Plan will be produced and a timetable for its production The purpose of this document is to keep the public and other stakeholders informed and to promote good management of the Local Plan adoption process

22 The current LDS was adopted by this Council in January 2010 prior to the decision by the Council to suspend work on the publication of the Local Development Framework (as it then was) Core Strategy in July of that year Since that time there have been significant policy changes at the national level these include the decision to abolish Regional Spatial Strategies and the issue of the National Planning Policy Framework (NPPF) in March 2012 The LDS therefore needs to be updated to reflect these changes and to set out information on the timetable and production of the new local Plan

- 6 -

23 A revised Local Development Scheme is attached as Appendix lsquoBlsquo to this report

3 Summary of Changes

31 The main suggested changes to the LDS are

Changes to the timeframe for the production of the Core Strategy

Changes to the timeframe for the production of a Development Plan document (DPD) dealing with Development Management Policies

The introduction of a timeframe for the production of a Gypsy and Traveller Sites DPD

Inclusion of a Community Infrastructure Levy DPD

32 The key milestones for the Core Strategy are as follows

Consultation on draft Submission Plan JanuaryFebruary 2013

Submission of Plan to Government June 2013

Examination Hearings January 2014

Receipt of Inspectors report March 2014

Adoption by Council April 2014

33 It is considered that the above changes will provide the Council with a more deliverable and achievable work plan which can be met within current and anticipated resources

4 Council Policy

41 The LDS will form the Councilrsquos work programme for preparing the Local Plan for the next three years

5 Resource Implications

51 The LDS is the formal programme of work that will deliver the Local Plan It is a rolling programme identifying the Local Plan documents that the Council intends to produce and the timetable for their production Currently sufficient resources are available to assemble the Core Strategy the Development Management Policies documentation

6 Legal Implications

61 There are no legal implications resulting from this report

7 Equality Implications

71 The Local Plan would have an impact on the local communities in Runnymede but the intention is to bring positive benefits for the whole community The Local Plan will be accompanied by a full Equalities Impact Assessment

8 Conclusions

81 The changes to the LDS are related to changes in timeframes arising from previous decisions of the Council and changes to National Planning Policy The revised draft LDS sets out a realistic programme for the preparation of the Local Plan in accordance with current legislation and regulations As Council policy the LDS needs to be adopted by Full Council At this stage it also needs to be referred to the Secretary of State for approval ndash although the Government has indicated in draft Regulations that this requirement will be removed in due course It is possible that as we move into the new planning guidance set out in the National Planning Policy Framework the Coalition Government may introduce revised regulations that require a review of the process However for the foreseeable future Officers consider the LDS represents the correct way forward

- 7 -

OFFICERSrsquo RECOMMENDATION that ndash

the Committee approve the August 2012 changes to the Runnymede Borough Council Local Development Scheme

(TO RECOMMEND)

Background Papers

None

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT (DTS)

1 Purpose of Report

11 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised operational development comprising the erection of stables

12 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised material change of use of land from residential to a mixed use comprising residential use equestrian use and storage of portacabins and a storage container

2 Site Description

21 This site relates to the residential property known as Southbeck located on the southern side of Ruxbury Road The plot is rectangular in shape and comprises a two storey detached dwelling located towards the front of the plot To the rear of the dwelling is its garden which slopes gently towards the rear boundary To the east of the dwelling is the neighbouring dwelling of Holly Lodge To the west of the dwelling is an access driveway which provides vehicular access to the separate properties known as Lynefield Farm and also Hillside Farm This driveway also provides access to land to the rear of Southbeck which is within the same ownership as Southbeck and this adjacent land has an extensive planning history and has been subject to recent enforcement and prosecution action

3 Site History

Southbeck

31 An Enforcement Notice was served in July 1990 alleging the change of use of the land or premises (at Southbeck as well as the land to the rear of Southbeck) from residential purposes to mixed use for residential purposes and a commercial haulage business An appeal against the Enforcement Notice was dismissed and the Notice upheld with correction in May 1991

32 There is no other planning history directly relating to the dwelling and garden at Southbeck

Land to the rear of Southbeck

33 There is significant planning and enforcement history relating to the land to the rear of Southbeck which is considered relevant to the consideration of this matter The history is as follows

34 Article 4 Direction dated 19 June 1978 ndash prohibits the use of the land for temporary buildings and uses normally permitted by virtue of Class IV of Schedule 1 to the Town and Country Planning General Development Order 1977 Class IV The use of land (other than a building or the curtilage of a building) for any purpose or purposes except as a caravan site on not more than 28 days in total in any calendar year (of which not more than 14 days in total may be devoted to use for the purpose of motor car or motor-cycle racing or for the purpose of holding markets) and the erection or placing of moveable structures on the land for the purposes of that use

- 8 -

35 RU 891276 Erection of stables for use as equestrian family unit with some boxes as calf pens pig rearing unit and isolation area (retrospective) Refused February 1990

36 An Enforcement Notice was served in March 1990 alleging the erection of an open sided barn the erection and construction of 8 stable boxes with tack room and the erection of 2 metre high fencing and gates and the creation of hardstanding An appeal against the Enforcement Notice was dismissed and the Notice upheld in January 2001 (The current owner of the site was not the owner of the site at the time the above Enforcement Notice was served)

37 RU 910536 Retention of 7 stables and tack room Refused July 1991

38 RU 950472 Erection of stable block comprising 6 stables and tack room following demolition of 3 existing stables Granted July 1995 It does not appear from the aerial photographs dated 1998 and 2003 which the Council holds that this permission was implemented

39 RU 060982 Proposed horse stables and open sand school with associated fencing security gates and fencing and 2 no x 8 metre high floodlights (additional plans received 290906) Refused November 2006

310 A Planning Contravention Notice was served on the owner of the site on 27 June 2008 The response from the ownerrsquos agent was received on 5 September 2008 In response to the Planning Contravention Notice the owner stated that the intended use of the whole site was for the purpose of dressage specialising in the treatment of horses with temperament problems and whilst recuperating from injury and illness and also restoring competition horses which had ldquobroken downrdquo

311 At the Planning Committee on 13 May 2009 Members resolved to take enforcement action against the unauthorised development taking place at the land to the rear of Southbeck The Notices were served on 5 November 2009 Two Enforcement Notices were served one relating to operational development and one relating to a material change of use

312 Prior to the Notices being served on 3 June 2009 under RU 090467 planning permission was sought for - Continuing use of land for Equestrian purposes including treatment of horses (incorporating change of use from agriculture to equestrian) and retention of buildings comprising stable block of 12 no x stables hay barn tack and feed stores a machinery store building a site office a wc block hardstandings parking area access fencing and sand school with 6 no x 6 metre high floodlights on poles Refused August 2009

313 The Enforcement Notices were appealed in December 2009 and were the subject of a Hearing in June 2010 Prior to the Hearing a further three planning applications related to the unauthorised development were submitted for determination These applications are detailed below

314 RU 100356 ndash Construction of a stable block comprising 6 stables tack room and hay barn together with associated access and hardstanding for private use only ndash Refused June 2010

315 RU 100357 - Retention of sand school (manege) (60m by 20m) for private purposes only ndash Refused June 2010 (subject to the operational development Enforcement Notice)

316 RU 100359 - Retention of existing storage building to house hay bedding and paddock maintenance machinery Refused June 2010

317 On the day of the Hearing in June 2010 the appeal against the material change of use notice was withdrawn In relation to the operational development Enforcement Notice the appeal was dismissed and the Enforcement Notice upheld The time limit for compliance with both Enforcement Notices was 6 February 2011

318 Following the expiry of the compliance dates for the Enforcement Notices the Councilrsquos Enforcement Section undertook several site visits and advised the site owner that it was not considered that the Enforcement Notices had been complied with in full Whilst evidence was being gathered by Officers to take forward a prosecution a further two planning applications were submitted by the site owner the details of which are below

- 9 -

319 RU 110769 - Retention of Hay barn for private equestrian use Refused 27 September 2011 (subject to the operational development Enforcement Notice)

320 RU 120218 ndash Prior approval for the proposed erection of 9 no stables In March 2012 the Council determined that prior approval was required for the proposal and prior approval was subsequently refused in April 2012

321 On 27 March 2012 the applicant was charged at the Magistrates Court with two offences of having failed to comply with the requirements of the two Enforcement Notices to which the owner entered guilty pleas Further site visits have been conducted subsequently and again there is further evidence of non-compliance with the Enforcement Notices

4 Unauthorised Development

41 The site owner has constructed 6 stable buildings each comprising a pair of stables (Plan at Appendix lsquoDrsquo) and moved two portacabins and a storage container (Plan at Appendix lsquoCrsquo) from the area of land covered by the Enforcement Notices to within the residential curtilage of Southbeck The extant Notices do not include land at Southbeck and accordingly the above described development constitutes a new breach of planning control

42 From previous investigations at the land to the rear of Southbeck it is understood that the storage container was used to store hay bales One of the portacabins contained wc facilities whilst the other was previously used as a site office It is not known whether the wc facilities are operational and there is no evidence to suggest that the office is currently operational Following investigations by the enforcement Officers it has been found that one of the stables closest to the boundary fence with Holly Lodge is being used as a tea making facilityrest room with storage of tack During the course of investigations those that have been using the stables have advised that they do not have access to wc facilities Accordingly from the investigations carried out it appears to Officers therefore that both portacabins and storage container are currently on site for storage purposes and are not being utilised by those people who are keeping their horses within the stables Furthermore from the site visits conducted it appears that there is no physical access between the stables and the location of the portacabins and storage container as what was the garden area of Southbeck has been subdivided by way of a close boarded fence and metal means of enclosure No planning permission has been granted for the storage of the two portacabins and storage container within the residential curtilage As the portacabins and storage container were moved into the residential curtilage of Southbeck during 2012 then the material change of the use of the land has not become immune from enforcement action

43 The stables located within the residential curtilage of Southbeck are the same stables that were previously located on land at the rear of the dwelling known as Southbeck to which the operational development Enforcement Notice served in 2009 and upheld at appeal in 2010 relates The stables have railway sleepers as floors as they did when located within the land to the rear of Southbeck The railway timbers are also subject of the operational development Enforcement Notice In considering the appeal against the operational development Enforcement Notice in 2010 the Inspector considered the stables to be lsquobuildingsrsquo within the definition set out in the Act Notwithstanding that the stables have since been relocated from their original position to the field east of the public footpath and then to within the rear garden of Southbeck The site owner in the past has previously given the view that the stables are portable However a number of factors lead Officers to consider that the stables despite having been moved still constitute operational development

44 Section 336 of the Town and Country Planning Act 1990 defines ldquobuildingrdquo as including any structure and erection and any part of a building as so defined but not plant or machinery comprised within a building The test for determining whether a structure is a lsquobuildingrsquo (ie operational development) is well enshrined in case law (Cardiff Rating Authority v Guest Keen Baldwinrsquos Iron and Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v Secretary of State for the Environment Transport and the Regions (No 2) [2000]) and consists of three main considerations being size permanence and physical attachment to the land

- 10 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

If you need help reading this document please contact the Council on 01932 838383 We will try to provide a reading service a large print version or another format

- 2 -

LIST OF MATTERS FOR CONSIDERATION

PART I

Matters in respect of which reports have been made available for public inspection

Page

1 FIRE PRECAUTIONS 6

2 NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP 6

3 MINUTES 6

4 APOLOGIES FOR ABSENCE 6

5 DECLARATIONS OF INTEREST 6

6 PLANNING APPLICATIONS 6

7 LOCAL DEVELOPMENT SCHEME 6

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT 8

9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES 19

10 STANDING ORDER 42 ndash URGENT ACTION 19

11 APPEAL DECISIONS 19

12 EXCLUSION OF PRESS AND PUBLIC 20

PART II

Matters involving Exempt or Confidential Information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 3 -

GLOSSARY OF TERMS AND ABBREVIATIONS

TERM EXPLANATION

BCN Breach of Condition Notice Formal enforcement action to secure compliance with a valid condition

BVPIrsquos Best Value Performance Indicators Specified by central government to measure performance on a wide range of Council services

CHA County Highways Authority Responsible for offering advice on highways issues relating to planning applications as well as highways maintenance and improvement

CLEUD Certificate of Lawful Existing Use or Development Formal procedure to ascertain whether a development which does not have planning permission is immune from enforcement action

CLOPUD Certificate of Lawful Proposed Use or Development Formal procedure to ascertain whether a development requires planning permission

Conservation Area

An area of special architectural or historic interest designated due to factors such as the layout of buildings boundaries characteristic materials vistas and open spaces

DC Development Control ndash the area of planning service that processes planning applications planning appeals and enforcement work

Design Statement

A design statement is submitted with a planning application and sets out the design principles that the applicant has adopted to make the proposal fit into its wider context

Development Plan

The combined policy documents of the Structure Plan Local Plan Minerals and Waste Plans Will shortly be replaced by the South East Plan the Local Development Framework and the Minerals and Waste Frameworks

DTS Director of Technical Services EA Environment Agency Lead government agency advising on flooding and

pollution control EIA Environmental Impact Assessment ndash formal environmental assessment of

specific categories of development proposals ES Environmental Assessment under the Environmental Impact Assessment

Regulations FRA Flood Risk Assessment

GPDO General Permitted Development Order Document which sets out categories of permitted development (see lsquoPD)

HGV Heavy Goods Vehicle LBC Listed Building Consent LDD Local Development Documents ndash component parts of the LDF LDF Local Development Framework The policy document that will guide

development in the Borough up to 2026 LDS Local Development Scheme - sets out the programme and timetable for

preparing LDDs Listed building An individual building or group of buildings which require a level of

protection due to its architectural interest historical interest historical associations or group value

LNR Local Nature Reserve Local Plan The current planning policy document that will be replaced by the LDF

LPA Local Planning Authority LSP Local Strategic Partnership ndash Leads on the Community Strategy

Material Considerations

Matters which are relevant in determining planning applications

Net Density As defined in PPG3 Housing The density of a housing development excluding major distributor roads primary schools open spaces serving a wider area and significant landscape buffer strips

- 4 -

TERM EXPLANATION

PCN Planning Contravention Notice Formal notice which requires information to be provided in connection with an enforcement investigation It does not in itself constitute enforcement action

PD Permitted development ndash works which can be undertaken without the need to submit a planning application

PDG Planning Delivery Grant An annual grant from central government which reflects the previous yearrsquos performance in delivering planning services

P amp I Policy and Implementation ndash the area of planning service that produces the Local Development Framework monitors development and supports the Runnymede Business Partnership and Travel Initiative

PINS Planning Inspectorate POS Public Open Space PPG Planning Policy Guidance This is guidance issued by the Secretary of

State detailing National Planning Policy within existing legislation PPS Planning Policy Statements The replacement title for PPG

Ramsar Site A wetland of international importance RIPA Regulation of Investigatory Powers Act Provides limitation on covert

surveillance relating to enforcement investigation SAC Special Area of Conservation ndash an SSSI additionally designated as a

Special Area of Conservation under the European Communityrsquos Habitats Directive 1992 in order to maintain or restore priority natural habitats and wild species

SANGS Suitable Alternative Natural Greenspaces SCI Statement of Community Involvement The document and policies that

indicate how the community will be engaged in the preparation of the LDF SEASA Strategic Environmental AssessmentSustainability Appraisal ndash formal

appraisal of the Local development Framework Sec 106 A legal agreement for the provision of facilities andor infrastructure either

directly by a developer or through a financial contribution to meet the needs arising out of a development Can also prevent certain matters

SNCI Site of Nature Conservation Importance A non-statutory designated area of county or regional wildlife value

South East Plan

Regional Planning Document produced in draft form by SEERA Will provide regional planning guidance and housing targets for individual Councils for the period up to 2026

SPA Special Protection Area An SSSI additionally designated a Special Protection Area under the European Communityrsquos Directive on the Conservation of Wild Birds 1979

SPD Supplementary Planning Document ndash provides additional advice on policies in Local Development Framework (replaces SPG)

SSSI Site of Special Scientific Interest SuDS Sustainable Urban Drainage Systems Providing urban drainage systems

in a more environmentally sensitive way by systems designed to reduce the quantity of run-off slow its velocity or provide for filtering sedimentation and biological degradation of the water

Sustainable Development

Sustainable development is the core principle underpinning planning It is defined as ldquodevelopment that meets the needs of the present without compromising the ability of future generations to meet their own needsrdquo

TA Transport Assessment ndash assessment of the traffic and transportation implications of a development proposal

TPO Tree Preservation Order ndash where a tree or trees are formally protected and prior consent is needed for pruning or felling

TRICS Computerised database and trip rate analysis used to estimate traffic flows to and from a variety of land uses to assess transportation implications of new development in southern England

Use Classes Order

Document which lists classes of use and permits certain changes between uses without the need for planning permission

- 5 -

1 FIRE PRECAUTIONS

The Chairman will read the Fire Precautions which set out the procedures to be followed in the event of fire or other emergency

2 NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP

3 MINUTES

To confirm and sign the Minutes of the meeting of the Committee held on 11 July 2012 as a correct record (Appendix lsquoArsquo)

4 APOLOGIES FOR ABSENCE

5 DECLARATIONS OF INTEREST

If Members have an interest in an agenda item please record the interest on the orange coloured form circulated with this Agenda and hand it to the Legal Representative or Committee Administrator at the start of the meeting A supply of the form will also be available from the Committee Administrator at meetings

Members who have previously declared interests which are recorded in the Minutes to be considered at this meeting need not repeat the declaration when attending the meeting Members need take no further action unless the item in which they have an interest becomes the subject of debate in which event the Member must leave the room if the interest is a disclosable pecuniary interest or if the interest could reasonably be regarded as so significant as to prejudice the Memberrsquos judgement of the public interest

6 PLANNING APPLICATIONS (DTS)

A list of planning applications to be determined by the Committee is attached Officers recommendations are included in the application reports

If Members have particular queries or interests in certain applications the application files will be available for inspection and Officers present from 700pm prior to the meeting in the ante room of the Council Chamber This will be an informal opportunity for Members to see further details of applications and representations and to discuss and clarify issues Copies of all letters of representation will also be placed on the table in the Chamber prior to the meeting and will be available for inspection by Members

Background Papers

A list of background papers is available from the Technical Services Department

7 LOCAL DEVELOPMENT SCHEME (DTS)

1 Purpose of Report

11 To seek Membersrsquo approval for revisions to the Local Development Scheme (LDS) including a proposed date for its commencement

2 Background Information

21 The Borough Council is required by law to produce a project plan known as a lsquoLocal Development Schemersquo (LDS) setting out how its Local Plan will be produced and a timetable for its production The purpose of this document is to keep the public and other stakeholders informed and to promote good management of the Local Plan adoption process

22 The current LDS was adopted by this Council in January 2010 prior to the decision by the Council to suspend work on the publication of the Local Development Framework (as it then was) Core Strategy in July of that year Since that time there have been significant policy changes at the national level these include the decision to abolish Regional Spatial Strategies and the issue of the National Planning Policy Framework (NPPF) in March 2012 The LDS therefore needs to be updated to reflect these changes and to set out information on the timetable and production of the new local Plan

- 6 -

23 A revised Local Development Scheme is attached as Appendix lsquoBlsquo to this report

3 Summary of Changes

31 The main suggested changes to the LDS are

Changes to the timeframe for the production of the Core Strategy

Changes to the timeframe for the production of a Development Plan document (DPD) dealing with Development Management Policies

The introduction of a timeframe for the production of a Gypsy and Traveller Sites DPD

Inclusion of a Community Infrastructure Levy DPD

32 The key milestones for the Core Strategy are as follows

Consultation on draft Submission Plan JanuaryFebruary 2013

Submission of Plan to Government June 2013

Examination Hearings January 2014

Receipt of Inspectors report March 2014

Adoption by Council April 2014

33 It is considered that the above changes will provide the Council with a more deliverable and achievable work plan which can be met within current and anticipated resources

4 Council Policy

41 The LDS will form the Councilrsquos work programme for preparing the Local Plan for the next three years

5 Resource Implications

51 The LDS is the formal programme of work that will deliver the Local Plan It is a rolling programme identifying the Local Plan documents that the Council intends to produce and the timetable for their production Currently sufficient resources are available to assemble the Core Strategy the Development Management Policies documentation

6 Legal Implications

61 There are no legal implications resulting from this report

7 Equality Implications

71 The Local Plan would have an impact on the local communities in Runnymede but the intention is to bring positive benefits for the whole community The Local Plan will be accompanied by a full Equalities Impact Assessment

8 Conclusions

81 The changes to the LDS are related to changes in timeframes arising from previous decisions of the Council and changes to National Planning Policy The revised draft LDS sets out a realistic programme for the preparation of the Local Plan in accordance with current legislation and regulations As Council policy the LDS needs to be adopted by Full Council At this stage it also needs to be referred to the Secretary of State for approval ndash although the Government has indicated in draft Regulations that this requirement will be removed in due course It is possible that as we move into the new planning guidance set out in the National Planning Policy Framework the Coalition Government may introduce revised regulations that require a review of the process However for the foreseeable future Officers consider the LDS represents the correct way forward

- 7 -

OFFICERSrsquo RECOMMENDATION that ndash

the Committee approve the August 2012 changes to the Runnymede Borough Council Local Development Scheme

(TO RECOMMEND)

Background Papers

None

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT (DTS)

1 Purpose of Report

11 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised operational development comprising the erection of stables

12 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised material change of use of land from residential to a mixed use comprising residential use equestrian use and storage of portacabins and a storage container

2 Site Description

21 This site relates to the residential property known as Southbeck located on the southern side of Ruxbury Road The plot is rectangular in shape and comprises a two storey detached dwelling located towards the front of the plot To the rear of the dwelling is its garden which slopes gently towards the rear boundary To the east of the dwelling is the neighbouring dwelling of Holly Lodge To the west of the dwelling is an access driveway which provides vehicular access to the separate properties known as Lynefield Farm and also Hillside Farm This driveway also provides access to land to the rear of Southbeck which is within the same ownership as Southbeck and this adjacent land has an extensive planning history and has been subject to recent enforcement and prosecution action

3 Site History

Southbeck

31 An Enforcement Notice was served in July 1990 alleging the change of use of the land or premises (at Southbeck as well as the land to the rear of Southbeck) from residential purposes to mixed use for residential purposes and a commercial haulage business An appeal against the Enforcement Notice was dismissed and the Notice upheld with correction in May 1991

32 There is no other planning history directly relating to the dwelling and garden at Southbeck

Land to the rear of Southbeck

33 There is significant planning and enforcement history relating to the land to the rear of Southbeck which is considered relevant to the consideration of this matter The history is as follows

34 Article 4 Direction dated 19 June 1978 ndash prohibits the use of the land for temporary buildings and uses normally permitted by virtue of Class IV of Schedule 1 to the Town and Country Planning General Development Order 1977 Class IV The use of land (other than a building or the curtilage of a building) for any purpose or purposes except as a caravan site on not more than 28 days in total in any calendar year (of which not more than 14 days in total may be devoted to use for the purpose of motor car or motor-cycle racing or for the purpose of holding markets) and the erection or placing of moveable structures on the land for the purposes of that use

- 8 -

35 RU 891276 Erection of stables for use as equestrian family unit with some boxes as calf pens pig rearing unit and isolation area (retrospective) Refused February 1990

36 An Enforcement Notice was served in March 1990 alleging the erection of an open sided barn the erection and construction of 8 stable boxes with tack room and the erection of 2 metre high fencing and gates and the creation of hardstanding An appeal against the Enforcement Notice was dismissed and the Notice upheld in January 2001 (The current owner of the site was not the owner of the site at the time the above Enforcement Notice was served)

37 RU 910536 Retention of 7 stables and tack room Refused July 1991

38 RU 950472 Erection of stable block comprising 6 stables and tack room following demolition of 3 existing stables Granted July 1995 It does not appear from the aerial photographs dated 1998 and 2003 which the Council holds that this permission was implemented

39 RU 060982 Proposed horse stables and open sand school with associated fencing security gates and fencing and 2 no x 8 metre high floodlights (additional plans received 290906) Refused November 2006

310 A Planning Contravention Notice was served on the owner of the site on 27 June 2008 The response from the ownerrsquos agent was received on 5 September 2008 In response to the Planning Contravention Notice the owner stated that the intended use of the whole site was for the purpose of dressage specialising in the treatment of horses with temperament problems and whilst recuperating from injury and illness and also restoring competition horses which had ldquobroken downrdquo

311 At the Planning Committee on 13 May 2009 Members resolved to take enforcement action against the unauthorised development taking place at the land to the rear of Southbeck The Notices were served on 5 November 2009 Two Enforcement Notices were served one relating to operational development and one relating to a material change of use

312 Prior to the Notices being served on 3 June 2009 under RU 090467 planning permission was sought for - Continuing use of land for Equestrian purposes including treatment of horses (incorporating change of use from agriculture to equestrian) and retention of buildings comprising stable block of 12 no x stables hay barn tack and feed stores a machinery store building a site office a wc block hardstandings parking area access fencing and sand school with 6 no x 6 metre high floodlights on poles Refused August 2009

313 The Enforcement Notices were appealed in December 2009 and were the subject of a Hearing in June 2010 Prior to the Hearing a further three planning applications related to the unauthorised development were submitted for determination These applications are detailed below

314 RU 100356 ndash Construction of a stable block comprising 6 stables tack room and hay barn together with associated access and hardstanding for private use only ndash Refused June 2010

315 RU 100357 - Retention of sand school (manege) (60m by 20m) for private purposes only ndash Refused June 2010 (subject to the operational development Enforcement Notice)

316 RU 100359 - Retention of existing storage building to house hay bedding and paddock maintenance machinery Refused June 2010

317 On the day of the Hearing in June 2010 the appeal against the material change of use notice was withdrawn In relation to the operational development Enforcement Notice the appeal was dismissed and the Enforcement Notice upheld The time limit for compliance with both Enforcement Notices was 6 February 2011

318 Following the expiry of the compliance dates for the Enforcement Notices the Councilrsquos Enforcement Section undertook several site visits and advised the site owner that it was not considered that the Enforcement Notices had been complied with in full Whilst evidence was being gathered by Officers to take forward a prosecution a further two planning applications were submitted by the site owner the details of which are below

- 9 -

319 RU 110769 - Retention of Hay barn for private equestrian use Refused 27 September 2011 (subject to the operational development Enforcement Notice)

320 RU 120218 ndash Prior approval for the proposed erection of 9 no stables In March 2012 the Council determined that prior approval was required for the proposal and prior approval was subsequently refused in April 2012

321 On 27 March 2012 the applicant was charged at the Magistrates Court with two offences of having failed to comply with the requirements of the two Enforcement Notices to which the owner entered guilty pleas Further site visits have been conducted subsequently and again there is further evidence of non-compliance with the Enforcement Notices

4 Unauthorised Development

41 The site owner has constructed 6 stable buildings each comprising a pair of stables (Plan at Appendix lsquoDrsquo) and moved two portacabins and a storage container (Plan at Appendix lsquoCrsquo) from the area of land covered by the Enforcement Notices to within the residential curtilage of Southbeck The extant Notices do not include land at Southbeck and accordingly the above described development constitutes a new breach of planning control

42 From previous investigations at the land to the rear of Southbeck it is understood that the storage container was used to store hay bales One of the portacabins contained wc facilities whilst the other was previously used as a site office It is not known whether the wc facilities are operational and there is no evidence to suggest that the office is currently operational Following investigations by the enforcement Officers it has been found that one of the stables closest to the boundary fence with Holly Lodge is being used as a tea making facilityrest room with storage of tack During the course of investigations those that have been using the stables have advised that they do not have access to wc facilities Accordingly from the investigations carried out it appears to Officers therefore that both portacabins and storage container are currently on site for storage purposes and are not being utilised by those people who are keeping their horses within the stables Furthermore from the site visits conducted it appears that there is no physical access between the stables and the location of the portacabins and storage container as what was the garden area of Southbeck has been subdivided by way of a close boarded fence and metal means of enclosure No planning permission has been granted for the storage of the two portacabins and storage container within the residential curtilage As the portacabins and storage container were moved into the residential curtilage of Southbeck during 2012 then the material change of the use of the land has not become immune from enforcement action

43 The stables located within the residential curtilage of Southbeck are the same stables that were previously located on land at the rear of the dwelling known as Southbeck to which the operational development Enforcement Notice served in 2009 and upheld at appeal in 2010 relates The stables have railway sleepers as floors as they did when located within the land to the rear of Southbeck The railway timbers are also subject of the operational development Enforcement Notice In considering the appeal against the operational development Enforcement Notice in 2010 the Inspector considered the stables to be lsquobuildingsrsquo within the definition set out in the Act Notwithstanding that the stables have since been relocated from their original position to the field east of the public footpath and then to within the rear garden of Southbeck The site owner in the past has previously given the view that the stables are portable However a number of factors lead Officers to consider that the stables despite having been moved still constitute operational development

44 Section 336 of the Town and Country Planning Act 1990 defines ldquobuildingrdquo as including any structure and erection and any part of a building as so defined but not plant or machinery comprised within a building The test for determining whether a structure is a lsquobuildingrsquo (ie operational development) is well enshrined in case law (Cardiff Rating Authority v Guest Keen Baldwinrsquos Iron and Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v Secretary of State for the Environment Transport and the Regions (No 2) [2000]) and consists of three main considerations being size permanence and physical attachment to the land

- 10 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

LIST OF MATTERS FOR CONSIDERATION

PART I

Matters in respect of which reports have been made available for public inspection

Page

1 FIRE PRECAUTIONS 6

2 NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP 6

3 MINUTES 6

4 APOLOGIES FOR ABSENCE 6

5 DECLARATIONS OF INTEREST 6

6 PLANNING APPLICATIONS 6

7 LOCAL DEVELOPMENT SCHEME 6

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT 8

9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES 19

10 STANDING ORDER 42 ndash URGENT ACTION 19

11 APPEAL DECISIONS 19

12 EXCLUSION OF PRESS AND PUBLIC 20

PART II

Matters involving Exempt or Confidential Information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 3 -

GLOSSARY OF TERMS AND ABBREVIATIONS

TERM EXPLANATION

BCN Breach of Condition Notice Formal enforcement action to secure compliance with a valid condition

BVPIrsquos Best Value Performance Indicators Specified by central government to measure performance on a wide range of Council services

CHA County Highways Authority Responsible for offering advice on highways issues relating to planning applications as well as highways maintenance and improvement

CLEUD Certificate of Lawful Existing Use or Development Formal procedure to ascertain whether a development which does not have planning permission is immune from enforcement action

CLOPUD Certificate of Lawful Proposed Use or Development Formal procedure to ascertain whether a development requires planning permission

Conservation Area

An area of special architectural or historic interest designated due to factors such as the layout of buildings boundaries characteristic materials vistas and open spaces

DC Development Control ndash the area of planning service that processes planning applications planning appeals and enforcement work

Design Statement

A design statement is submitted with a planning application and sets out the design principles that the applicant has adopted to make the proposal fit into its wider context

Development Plan

The combined policy documents of the Structure Plan Local Plan Minerals and Waste Plans Will shortly be replaced by the South East Plan the Local Development Framework and the Minerals and Waste Frameworks

DTS Director of Technical Services EA Environment Agency Lead government agency advising on flooding and

pollution control EIA Environmental Impact Assessment ndash formal environmental assessment of

specific categories of development proposals ES Environmental Assessment under the Environmental Impact Assessment

Regulations FRA Flood Risk Assessment

GPDO General Permitted Development Order Document which sets out categories of permitted development (see lsquoPD)

HGV Heavy Goods Vehicle LBC Listed Building Consent LDD Local Development Documents ndash component parts of the LDF LDF Local Development Framework The policy document that will guide

development in the Borough up to 2026 LDS Local Development Scheme - sets out the programme and timetable for

preparing LDDs Listed building An individual building or group of buildings which require a level of

protection due to its architectural interest historical interest historical associations or group value

LNR Local Nature Reserve Local Plan The current planning policy document that will be replaced by the LDF

LPA Local Planning Authority LSP Local Strategic Partnership ndash Leads on the Community Strategy

Material Considerations

Matters which are relevant in determining planning applications

Net Density As defined in PPG3 Housing The density of a housing development excluding major distributor roads primary schools open spaces serving a wider area and significant landscape buffer strips

- 4 -

TERM EXPLANATION

PCN Planning Contravention Notice Formal notice which requires information to be provided in connection with an enforcement investigation It does not in itself constitute enforcement action

PD Permitted development ndash works which can be undertaken without the need to submit a planning application

PDG Planning Delivery Grant An annual grant from central government which reflects the previous yearrsquos performance in delivering planning services

P amp I Policy and Implementation ndash the area of planning service that produces the Local Development Framework monitors development and supports the Runnymede Business Partnership and Travel Initiative

PINS Planning Inspectorate POS Public Open Space PPG Planning Policy Guidance This is guidance issued by the Secretary of

State detailing National Planning Policy within existing legislation PPS Planning Policy Statements The replacement title for PPG

Ramsar Site A wetland of international importance RIPA Regulation of Investigatory Powers Act Provides limitation on covert

surveillance relating to enforcement investigation SAC Special Area of Conservation ndash an SSSI additionally designated as a

Special Area of Conservation under the European Communityrsquos Habitats Directive 1992 in order to maintain or restore priority natural habitats and wild species

SANGS Suitable Alternative Natural Greenspaces SCI Statement of Community Involvement The document and policies that

indicate how the community will be engaged in the preparation of the LDF SEASA Strategic Environmental AssessmentSustainability Appraisal ndash formal

appraisal of the Local development Framework Sec 106 A legal agreement for the provision of facilities andor infrastructure either

directly by a developer or through a financial contribution to meet the needs arising out of a development Can also prevent certain matters

SNCI Site of Nature Conservation Importance A non-statutory designated area of county or regional wildlife value

South East Plan

Regional Planning Document produced in draft form by SEERA Will provide regional planning guidance and housing targets for individual Councils for the period up to 2026

SPA Special Protection Area An SSSI additionally designated a Special Protection Area under the European Communityrsquos Directive on the Conservation of Wild Birds 1979

SPD Supplementary Planning Document ndash provides additional advice on policies in Local Development Framework (replaces SPG)

SSSI Site of Special Scientific Interest SuDS Sustainable Urban Drainage Systems Providing urban drainage systems

in a more environmentally sensitive way by systems designed to reduce the quantity of run-off slow its velocity or provide for filtering sedimentation and biological degradation of the water

Sustainable Development

Sustainable development is the core principle underpinning planning It is defined as ldquodevelopment that meets the needs of the present without compromising the ability of future generations to meet their own needsrdquo

TA Transport Assessment ndash assessment of the traffic and transportation implications of a development proposal

TPO Tree Preservation Order ndash where a tree or trees are formally protected and prior consent is needed for pruning or felling

TRICS Computerised database and trip rate analysis used to estimate traffic flows to and from a variety of land uses to assess transportation implications of new development in southern England

Use Classes Order

Document which lists classes of use and permits certain changes between uses without the need for planning permission

- 5 -

1 FIRE PRECAUTIONS

The Chairman will read the Fire Precautions which set out the procedures to be followed in the event of fire or other emergency

2 NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP

3 MINUTES

To confirm and sign the Minutes of the meeting of the Committee held on 11 July 2012 as a correct record (Appendix lsquoArsquo)

4 APOLOGIES FOR ABSENCE

5 DECLARATIONS OF INTEREST

If Members have an interest in an agenda item please record the interest on the orange coloured form circulated with this Agenda and hand it to the Legal Representative or Committee Administrator at the start of the meeting A supply of the form will also be available from the Committee Administrator at meetings

Members who have previously declared interests which are recorded in the Minutes to be considered at this meeting need not repeat the declaration when attending the meeting Members need take no further action unless the item in which they have an interest becomes the subject of debate in which event the Member must leave the room if the interest is a disclosable pecuniary interest or if the interest could reasonably be regarded as so significant as to prejudice the Memberrsquos judgement of the public interest

6 PLANNING APPLICATIONS (DTS)

A list of planning applications to be determined by the Committee is attached Officers recommendations are included in the application reports

If Members have particular queries or interests in certain applications the application files will be available for inspection and Officers present from 700pm prior to the meeting in the ante room of the Council Chamber This will be an informal opportunity for Members to see further details of applications and representations and to discuss and clarify issues Copies of all letters of representation will also be placed on the table in the Chamber prior to the meeting and will be available for inspection by Members

Background Papers

A list of background papers is available from the Technical Services Department

7 LOCAL DEVELOPMENT SCHEME (DTS)

1 Purpose of Report

11 To seek Membersrsquo approval for revisions to the Local Development Scheme (LDS) including a proposed date for its commencement

2 Background Information

21 The Borough Council is required by law to produce a project plan known as a lsquoLocal Development Schemersquo (LDS) setting out how its Local Plan will be produced and a timetable for its production The purpose of this document is to keep the public and other stakeholders informed and to promote good management of the Local Plan adoption process

22 The current LDS was adopted by this Council in January 2010 prior to the decision by the Council to suspend work on the publication of the Local Development Framework (as it then was) Core Strategy in July of that year Since that time there have been significant policy changes at the national level these include the decision to abolish Regional Spatial Strategies and the issue of the National Planning Policy Framework (NPPF) in March 2012 The LDS therefore needs to be updated to reflect these changes and to set out information on the timetable and production of the new local Plan

- 6 -

23 A revised Local Development Scheme is attached as Appendix lsquoBlsquo to this report

3 Summary of Changes

31 The main suggested changes to the LDS are

Changes to the timeframe for the production of the Core Strategy

Changes to the timeframe for the production of a Development Plan document (DPD) dealing with Development Management Policies

The introduction of a timeframe for the production of a Gypsy and Traveller Sites DPD

Inclusion of a Community Infrastructure Levy DPD

32 The key milestones for the Core Strategy are as follows

Consultation on draft Submission Plan JanuaryFebruary 2013

Submission of Plan to Government June 2013

Examination Hearings January 2014

Receipt of Inspectors report March 2014

Adoption by Council April 2014

33 It is considered that the above changes will provide the Council with a more deliverable and achievable work plan which can be met within current and anticipated resources

4 Council Policy

41 The LDS will form the Councilrsquos work programme for preparing the Local Plan for the next three years

5 Resource Implications

51 The LDS is the formal programme of work that will deliver the Local Plan It is a rolling programme identifying the Local Plan documents that the Council intends to produce and the timetable for their production Currently sufficient resources are available to assemble the Core Strategy the Development Management Policies documentation

6 Legal Implications

61 There are no legal implications resulting from this report

7 Equality Implications

71 The Local Plan would have an impact on the local communities in Runnymede but the intention is to bring positive benefits for the whole community The Local Plan will be accompanied by a full Equalities Impact Assessment

8 Conclusions

81 The changes to the LDS are related to changes in timeframes arising from previous decisions of the Council and changes to National Planning Policy The revised draft LDS sets out a realistic programme for the preparation of the Local Plan in accordance with current legislation and regulations As Council policy the LDS needs to be adopted by Full Council At this stage it also needs to be referred to the Secretary of State for approval ndash although the Government has indicated in draft Regulations that this requirement will be removed in due course It is possible that as we move into the new planning guidance set out in the National Planning Policy Framework the Coalition Government may introduce revised regulations that require a review of the process However for the foreseeable future Officers consider the LDS represents the correct way forward

- 7 -

OFFICERSrsquo RECOMMENDATION that ndash

the Committee approve the August 2012 changes to the Runnymede Borough Council Local Development Scheme

(TO RECOMMEND)

Background Papers

None

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT (DTS)

1 Purpose of Report

11 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised operational development comprising the erection of stables

12 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised material change of use of land from residential to a mixed use comprising residential use equestrian use and storage of portacabins and a storage container

2 Site Description

21 This site relates to the residential property known as Southbeck located on the southern side of Ruxbury Road The plot is rectangular in shape and comprises a two storey detached dwelling located towards the front of the plot To the rear of the dwelling is its garden which slopes gently towards the rear boundary To the east of the dwelling is the neighbouring dwelling of Holly Lodge To the west of the dwelling is an access driveway which provides vehicular access to the separate properties known as Lynefield Farm and also Hillside Farm This driveway also provides access to land to the rear of Southbeck which is within the same ownership as Southbeck and this adjacent land has an extensive planning history and has been subject to recent enforcement and prosecution action

3 Site History

Southbeck

31 An Enforcement Notice was served in July 1990 alleging the change of use of the land or premises (at Southbeck as well as the land to the rear of Southbeck) from residential purposes to mixed use for residential purposes and a commercial haulage business An appeal against the Enforcement Notice was dismissed and the Notice upheld with correction in May 1991

32 There is no other planning history directly relating to the dwelling and garden at Southbeck

Land to the rear of Southbeck

33 There is significant planning and enforcement history relating to the land to the rear of Southbeck which is considered relevant to the consideration of this matter The history is as follows

34 Article 4 Direction dated 19 June 1978 ndash prohibits the use of the land for temporary buildings and uses normally permitted by virtue of Class IV of Schedule 1 to the Town and Country Planning General Development Order 1977 Class IV The use of land (other than a building or the curtilage of a building) for any purpose or purposes except as a caravan site on not more than 28 days in total in any calendar year (of which not more than 14 days in total may be devoted to use for the purpose of motor car or motor-cycle racing or for the purpose of holding markets) and the erection or placing of moveable structures on the land for the purposes of that use

- 8 -

35 RU 891276 Erection of stables for use as equestrian family unit with some boxes as calf pens pig rearing unit and isolation area (retrospective) Refused February 1990

36 An Enforcement Notice was served in March 1990 alleging the erection of an open sided barn the erection and construction of 8 stable boxes with tack room and the erection of 2 metre high fencing and gates and the creation of hardstanding An appeal against the Enforcement Notice was dismissed and the Notice upheld in January 2001 (The current owner of the site was not the owner of the site at the time the above Enforcement Notice was served)

37 RU 910536 Retention of 7 stables and tack room Refused July 1991

38 RU 950472 Erection of stable block comprising 6 stables and tack room following demolition of 3 existing stables Granted July 1995 It does not appear from the aerial photographs dated 1998 and 2003 which the Council holds that this permission was implemented

39 RU 060982 Proposed horse stables and open sand school with associated fencing security gates and fencing and 2 no x 8 metre high floodlights (additional plans received 290906) Refused November 2006

310 A Planning Contravention Notice was served on the owner of the site on 27 June 2008 The response from the ownerrsquos agent was received on 5 September 2008 In response to the Planning Contravention Notice the owner stated that the intended use of the whole site was for the purpose of dressage specialising in the treatment of horses with temperament problems and whilst recuperating from injury and illness and also restoring competition horses which had ldquobroken downrdquo

311 At the Planning Committee on 13 May 2009 Members resolved to take enforcement action against the unauthorised development taking place at the land to the rear of Southbeck The Notices were served on 5 November 2009 Two Enforcement Notices were served one relating to operational development and one relating to a material change of use

312 Prior to the Notices being served on 3 June 2009 under RU 090467 planning permission was sought for - Continuing use of land for Equestrian purposes including treatment of horses (incorporating change of use from agriculture to equestrian) and retention of buildings comprising stable block of 12 no x stables hay barn tack and feed stores a machinery store building a site office a wc block hardstandings parking area access fencing and sand school with 6 no x 6 metre high floodlights on poles Refused August 2009

313 The Enforcement Notices were appealed in December 2009 and were the subject of a Hearing in June 2010 Prior to the Hearing a further three planning applications related to the unauthorised development were submitted for determination These applications are detailed below

314 RU 100356 ndash Construction of a stable block comprising 6 stables tack room and hay barn together with associated access and hardstanding for private use only ndash Refused June 2010

315 RU 100357 - Retention of sand school (manege) (60m by 20m) for private purposes only ndash Refused June 2010 (subject to the operational development Enforcement Notice)

316 RU 100359 - Retention of existing storage building to house hay bedding and paddock maintenance machinery Refused June 2010

317 On the day of the Hearing in June 2010 the appeal against the material change of use notice was withdrawn In relation to the operational development Enforcement Notice the appeal was dismissed and the Enforcement Notice upheld The time limit for compliance with both Enforcement Notices was 6 February 2011

318 Following the expiry of the compliance dates for the Enforcement Notices the Councilrsquos Enforcement Section undertook several site visits and advised the site owner that it was not considered that the Enforcement Notices had been complied with in full Whilst evidence was being gathered by Officers to take forward a prosecution a further two planning applications were submitted by the site owner the details of which are below

- 9 -

319 RU 110769 - Retention of Hay barn for private equestrian use Refused 27 September 2011 (subject to the operational development Enforcement Notice)

320 RU 120218 ndash Prior approval for the proposed erection of 9 no stables In March 2012 the Council determined that prior approval was required for the proposal and prior approval was subsequently refused in April 2012

321 On 27 March 2012 the applicant was charged at the Magistrates Court with two offences of having failed to comply with the requirements of the two Enforcement Notices to which the owner entered guilty pleas Further site visits have been conducted subsequently and again there is further evidence of non-compliance with the Enforcement Notices

4 Unauthorised Development

41 The site owner has constructed 6 stable buildings each comprising a pair of stables (Plan at Appendix lsquoDrsquo) and moved two portacabins and a storage container (Plan at Appendix lsquoCrsquo) from the area of land covered by the Enforcement Notices to within the residential curtilage of Southbeck The extant Notices do not include land at Southbeck and accordingly the above described development constitutes a new breach of planning control

42 From previous investigations at the land to the rear of Southbeck it is understood that the storage container was used to store hay bales One of the portacabins contained wc facilities whilst the other was previously used as a site office It is not known whether the wc facilities are operational and there is no evidence to suggest that the office is currently operational Following investigations by the enforcement Officers it has been found that one of the stables closest to the boundary fence with Holly Lodge is being used as a tea making facilityrest room with storage of tack During the course of investigations those that have been using the stables have advised that they do not have access to wc facilities Accordingly from the investigations carried out it appears to Officers therefore that both portacabins and storage container are currently on site for storage purposes and are not being utilised by those people who are keeping their horses within the stables Furthermore from the site visits conducted it appears that there is no physical access between the stables and the location of the portacabins and storage container as what was the garden area of Southbeck has been subdivided by way of a close boarded fence and metal means of enclosure No planning permission has been granted for the storage of the two portacabins and storage container within the residential curtilage As the portacabins and storage container were moved into the residential curtilage of Southbeck during 2012 then the material change of the use of the land has not become immune from enforcement action

43 The stables located within the residential curtilage of Southbeck are the same stables that were previously located on land at the rear of the dwelling known as Southbeck to which the operational development Enforcement Notice served in 2009 and upheld at appeal in 2010 relates The stables have railway sleepers as floors as they did when located within the land to the rear of Southbeck The railway timbers are also subject of the operational development Enforcement Notice In considering the appeal against the operational development Enforcement Notice in 2010 the Inspector considered the stables to be lsquobuildingsrsquo within the definition set out in the Act Notwithstanding that the stables have since been relocated from their original position to the field east of the public footpath and then to within the rear garden of Southbeck The site owner in the past has previously given the view that the stables are portable However a number of factors lead Officers to consider that the stables despite having been moved still constitute operational development

44 Section 336 of the Town and Country Planning Act 1990 defines ldquobuildingrdquo as including any structure and erection and any part of a building as so defined but not plant or machinery comprised within a building The test for determining whether a structure is a lsquobuildingrsquo (ie operational development) is well enshrined in case law (Cardiff Rating Authority v Guest Keen Baldwinrsquos Iron and Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v Secretary of State for the Environment Transport and the Regions (No 2) [2000]) and consists of three main considerations being size permanence and physical attachment to the land

- 10 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

GLOSSARY OF TERMS AND ABBREVIATIONS

TERM EXPLANATION

BCN Breach of Condition Notice Formal enforcement action to secure compliance with a valid condition

BVPIrsquos Best Value Performance Indicators Specified by central government to measure performance on a wide range of Council services

CHA County Highways Authority Responsible for offering advice on highways issues relating to planning applications as well as highways maintenance and improvement

CLEUD Certificate of Lawful Existing Use or Development Formal procedure to ascertain whether a development which does not have planning permission is immune from enforcement action

CLOPUD Certificate of Lawful Proposed Use or Development Formal procedure to ascertain whether a development requires planning permission

Conservation Area

An area of special architectural or historic interest designated due to factors such as the layout of buildings boundaries characteristic materials vistas and open spaces

DC Development Control ndash the area of planning service that processes planning applications planning appeals and enforcement work

Design Statement

A design statement is submitted with a planning application and sets out the design principles that the applicant has adopted to make the proposal fit into its wider context

Development Plan

The combined policy documents of the Structure Plan Local Plan Minerals and Waste Plans Will shortly be replaced by the South East Plan the Local Development Framework and the Minerals and Waste Frameworks

DTS Director of Technical Services EA Environment Agency Lead government agency advising on flooding and

pollution control EIA Environmental Impact Assessment ndash formal environmental assessment of

specific categories of development proposals ES Environmental Assessment under the Environmental Impact Assessment

Regulations FRA Flood Risk Assessment

GPDO General Permitted Development Order Document which sets out categories of permitted development (see lsquoPD)

HGV Heavy Goods Vehicle LBC Listed Building Consent LDD Local Development Documents ndash component parts of the LDF LDF Local Development Framework The policy document that will guide

development in the Borough up to 2026 LDS Local Development Scheme - sets out the programme and timetable for

preparing LDDs Listed building An individual building or group of buildings which require a level of

protection due to its architectural interest historical interest historical associations or group value

LNR Local Nature Reserve Local Plan The current planning policy document that will be replaced by the LDF

LPA Local Planning Authority LSP Local Strategic Partnership ndash Leads on the Community Strategy

Material Considerations

Matters which are relevant in determining planning applications

Net Density As defined in PPG3 Housing The density of a housing development excluding major distributor roads primary schools open spaces serving a wider area and significant landscape buffer strips

- 4 -

TERM EXPLANATION

PCN Planning Contravention Notice Formal notice which requires information to be provided in connection with an enforcement investigation It does not in itself constitute enforcement action

PD Permitted development ndash works which can be undertaken without the need to submit a planning application

PDG Planning Delivery Grant An annual grant from central government which reflects the previous yearrsquos performance in delivering planning services

P amp I Policy and Implementation ndash the area of planning service that produces the Local Development Framework monitors development and supports the Runnymede Business Partnership and Travel Initiative

PINS Planning Inspectorate POS Public Open Space PPG Planning Policy Guidance This is guidance issued by the Secretary of

State detailing National Planning Policy within existing legislation PPS Planning Policy Statements The replacement title for PPG

Ramsar Site A wetland of international importance RIPA Regulation of Investigatory Powers Act Provides limitation on covert

surveillance relating to enforcement investigation SAC Special Area of Conservation ndash an SSSI additionally designated as a

Special Area of Conservation under the European Communityrsquos Habitats Directive 1992 in order to maintain or restore priority natural habitats and wild species

SANGS Suitable Alternative Natural Greenspaces SCI Statement of Community Involvement The document and policies that

indicate how the community will be engaged in the preparation of the LDF SEASA Strategic Environmental AssessmentSustainability Appraisal ndash formal

appraisal of the Local development Framework Sec 106 A legal agreement for the provision of facilities andor infrastructure either

directly by a developer or through a financial contribution to meet the needs arising out of a development Can also prevent certain matters

SNCI Site of Nature Conservation Importance A non-statutory designated area of county or regional wildlife value

South East Plan

Regional Planning Document produced in draft form by SEERA Will provide regional planning guidance and housing targets for individual Councils for the period up to 2026

SPA Special Protection Area An SSSI additionally designated a Special Protection Area under the European Communityrsquos Directive on the Conservation of Wild Birds 1979

SPD Supplementary Planning Document ndash provides additional advice on policies in Local Development Framework (replaces SPG)

SSSI Site of Special Scientific Interest SuDS Sustainable Urban Drainage Systems Providing urban drainage systems

in a more environmentally sensitive way by systems designed to reduce the quantity of run-off slow its velocity or provide for filtering sedimentation and biological degradation of the water

Sustainable Development

Sustainable development is the core principle underpinning planning It is defined as ldquodevelopment that meets the needs of the present without compromising the ability of future generations to meet their own needsrdquo

TA Transport Assessment ndash assessment of the traffic and transportation implications of a development proposal

TPO Tree Preservation Order ndash where a tree or trees are formally protected and prior consent is needed for pruning or felling

TRICS Computerised database and trip rate analysis used to estimate traffic flows to and from a variety of land uses to assess transportation implications of new development in southern England

Use Classes Order

Document which lists classes of use and permits certain changes between uses without the need for planning permission

- 5 -

1 FIRE PRECAUTIONS

The Chairman will read the Fire Precautions which set out the procedures to be followed in the event of fire or other emergency

2 NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP

3 MINUTES

To confirm and sign the Minutes of the meeting of the Committee held on 11 July 2012 as a correct record (Appendix lsquoArsquo)

4 APOLOGIES FOR ABSENCE

5 DECLARATIONS OF INTEREST

If Members have an interest in an agenda item please record the interest on the orange coloured form circulated with this Agenda and hand it to the Legal Representative or Committee Administrator at the start of the meeting A supply of the form will also be available from the Committee Administrator at meetings

Members who have previously declared interests which are recorded in the Minutes to be considered at this meeting need not repeat the declaration when attending the meeting Members need take no further action unless the item in which they have an interest becomes the subject of debate in which event the Member must leave the room if the interest is a disclosable pecuniary interest or if the interest could reasonably be regarded as so significant as to prejudice the Memberrsquos judgement of the public interest

6 PLANNING APPLICATIONS (DTS)

A list of planning applications to be determined by the Committee is attached Officers recommendations are included in the application reports

If Members have particular queries or interests in certain applications the application files will be available for inspection and Officers present from 700pm prior to the meeting in the ante room of the Council Chamber This will be an informal opportunity for Members to see further details of applications and representations and to discuss and clarify issues Copies of all letters of representation will also be placed on the table in the Chamber prior to the meeting and will be available for inspection by Members

Background Papers

A list of background papers is available from the Technical Services Department

7 LOCAL DEVELOPMENT SCHEME (DTS)

1 Purpose of Report

11 To seek Membersrsquo approval for revisions to the Local Development Scheme (LDS) including a proposed date for its commencement

2 Background Information

21 The Borough Council is required by law to produce a project plan known as a lsquoLocal Development Schemersquo (LDS) setting out how its Local Plan will be produced and a timetable for its production The purpose of this document is to keep the public and other stakeholders informed and to promote good management of the Local Plan adoption process

22 The current LDS was adopted by this Council in January 2010 prior to the decision by the Council to suspend work on the publication of the Local Development Framework (as it then was) Core Strategy in July of that year Since that time there have been significant policy changes at the national level these include the decision to abolish Regional Spatial Strategies and the issue of the National Planning Policy Framework (NPPF) in March 2012 The LDS therefore needs to be updated to reflect these changes and to set out information on the timetable and production of the new local Plan

- 6 -

23 A revised Local Development Scheme is attached as Appendix lsquoBlsquo to this report

3 Summary of Changes

31 The main suggested changes to the LDS are

Changes to the timeframe for the production of the Core Strategy

Changes to the timeframe for the production of a Development Plan document (DPD) dealing with Development Management Policies

The introduction of a timeframe for the production of a Gypsy and Traveller Sites DPD

Inclusion of a Community Infrastructure Levy DPD

32 The key milestones for the Core Strategy are as follows

Consultation on draft Submission Plan JanuaryFebruary 2013

Submission of Plan to Government June 2013

Examination Hearings January 2014

Receipt of Inspectors report March 2014

Adoption by Council April 2014

33 It is considered that the above changes will provide the Council with a more deliverable and achievable work plan which can be met within current and anticipated resources

4 Council Policy

41 The LDS will form the Councilrsquos work programme for preparing the Local Plan for the next three years

5 Resource Implications

51 The LDS is the formal programme of work that will deliver the Local Plan It is a rolling programme identifying the Local Plan documents that the Council intends to produce and the timetable for their production Currently sufficient resources are available to assemble the Core Strategy the Development Management Policies documentation

6 Legal Implications

61 There are no legal implications resulting from this report

7 Equality Implications

71 The Local Plan would have an impact on the local communities in Runnymede but the intention is to bring positive benefits for the whole community The Local Plan will be accompanied by a full Equalities Impact Assessment

8 Conclusions

81 The changes to the LDS are related to changes in timeframes arising from previous decisions of the Council and changes to National Planning Policy The revised draft LDS sets out a realistic programme for the preparation of the Local Plan in accordance with current legislation and regulations As Council policy the LDS needs to be adopted by Full Council At this stage it also needs to be referred to the Secretary of State for approval ndash although the Government has indicated in draft Regulations that this requirement will be removed in due course It is possible that as we move into the new planning guidance set out in the National Planning Policy Framework the Coalition Government may introduce revised regulations that require a review of the process However for the foreseeable future Officers consider the LDS represents the correct way forward

- 7 -

OFFICERSrsquo RECOMMENDATION that ndash

the Committee approve the August 2012 changes to the Runnymede Borough Council Local Development Scheme

(TO RECOMMEND)

Background Papers

None

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT (DTS)

1 Purpose of Report

11 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised operational development comprising the erection of stables

12 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised material change of use of land from residential to a mixed use comprising residential use equestrian use and storage of portacabins and a storage container

2 Site Description

21 This site relates to the residential property known as Southbeck located on the southern side of Ruxbury Road The plot is rectangular in shape and comprises a two storey detached dwelling located towards the front of the plot To the rear of the dwelling is its garden which slopes gently towards the rear boundary To the east of the dwelling is the neighbouring dwelling of Holly Lodge To the west of the dwelling is an access driveway which provides vehicular access to the separate properties known as Lynefield Farm and also Hillside Farm This driveway also provides access to land to the rear of Southbeck which is within the same ownership as Southbeck and this adjacent land has an extensive planning history and has been subject to recent enforcement and prosecution action

3 Site History

Southbeck

31 An Enforcement Notice was served in July 1990 alleging the change of use of the land or premises (at Southbeck as well as the land to the rear of Southbeck) from residential purposes to mixed use for residential purposes and a commercial haulage business An appeal against the Enforcement Notice was dismissed and the Notice upheld with correction in May 1991

32 There is no other planning history directly relating to the dwelling and garden at Southbeck

Land to the rear of Southbeck

33 There is significant planning and enforcement history relating to the land to the rear of Southbeck which is considered relevant to the consideration of this matter The history is as follows

34 Article 4 Direction dated 19 June 1978 ndash prohibits the use of the land for temporary buildings and uses normally permitted by virtue of Class IV of Schedule 1 to the Town and Country Planning General Development Order 1977 Class IV The use of land (other than a building or the curtilage of a building) for any purpose or purposes except as a caravan site on not more than 28 days in total in any calendar year (of which not more than 14 days in total may be devoted to use for the purpose of motor car or motor-cycle racing or for the purpose of holding markets) and the erection or placing of moveable structures on the land for the purposes of that use

- 8 -

35 RU 891276 Erection of stables for use as equestrian family unit with some boxes as calf pens pig rearing unit and isolation area (retrospective) Refused February 1990

36 An Enforcement Notice was served in March 1990 alleging the erection of an open sided barn the erection and construction of 8 stable boxes with tack room and the erection of 2 metre high fencing and gates and the creation of hardstanding An appeal against the Enforcement Notice was dismissed and the Notice upheld in January 2001 (The current owner of the site was not the owner of the site at the time the above Enforcement Notice was served)

37 RU 910536 Retention of 7 stables and tack room Refused July 1991

38 RU 950472 Erection of stable block comprising 6 stables and tack room following demolition of 3 existing stables Granted July 1995 It does not appear from the aerial photographs dated 1998 and 2003 which the Council holds that this permission was implemented

39 RU 060982 Proposed horse stables and open sand school with associated fencing security gates and fencing and 2 no x 8 metre high floodlights (additional plans received 290906) Refused November 2006

310 A Planning Contravention Notice was served on the owner of the site on 27 June 2008 The response from the ownerrsquos agent was received on 5 September 2008 In response to the Planning Contravention Notice the owner stated that the intended use of the whole site was for the purpose of dressage specialising in the treatment of horses with temperament problems and whilst recuperating from injury and illness and also restoring competition horses which had ldquobroken downrdquo

311 At the Planning Committee on 13 May 2009 Members resolved to take enforcement action against the unauthorised development taking place at the land to the rear of Southbeck The Notices were served on 5 November 2009 Two Enforcement Notices were served one relating to operational development and one relating to a material change of use

312 Prior to the Notices being served on 3 June 2009 under RU 090467 planning permission was sought for - Continuing use of land for Equestrian purposes including treatment of horses (incorporating change of use from agriculture to equestrian) and retention of buildings comprising stable block of 12 no x stables hay barn tack and feed stores a machinery store building a site office a wc block hardstandings parking area access fencing and sand school with 6 no x 6 metre high floodlights on poles Refused August 2009

313 The Enforcement Notices were appealed in December 2009 and were the subject of a Hearing in June 2010 Prior to the Hearing a further three planning applications related to the unauthorised development were submitted for determination These applications are detailed below

314 RU 100356 ndash Construction of a stable block comprising 6 stables tack room and hay barn together with associated access and hardstanding for private use only ndash Refused June 2010

315 RU 100357 - Retention of sand school (manege) (60m by 20m) for private purposes only ndash Refused June 2010 (subject to the operational development Enforcement Notice)

316 RU 100359 - Retention of existing storage building to house hay bedding and paddock maintenance machinery Refused June 2010

317 On the day of the Hearing in June 2010 the appeal against the material change of use notice was withdrawn In relation to the operational development Enforcement Notice the appeal was dismissed and the Enforcement Notice upheld The time limit for compliance with both Enforcement Notices was 6 February 2011

318 Following the expiry of the compliance dates for the Enforcement Notices the Councilrsquos Enforcement Section undertook several site visits and advised the site owner that it was not considered that the Enforcement Notices had been complied with in full Whilst evidence was being gathered by Officers to take forward a prosecution a further two planning applications were submitted by the site owner the details of which are below

- 9 -

319 RU 110769 - Retention of Hay barn for private equestrian use Refused 27 September 2011 (subject to the operational development Enforcement Notice)

320 RU 120218 ndash Prior approval for the proposed erection of 9 no stables In March 2012 the Council determined that prior approval was required for the proposal and prior approval was subsequently refused in April 2012

321 On 27 March 2012 the applicant was charged at the Magistrates Court with two offences of having failed to comply with the requirements of the two Enforcement Notices to which the owner entered guilty pleas Further site visits have been conducted subsequently and again there is further evidence of non-compliance with the Enforcement Notices

4 Unauthorised Development

41 The site owner has constructed 6 stable buildings each comprising a pair of stables (Plan at Appendix lsquoDrsquo) and moved two portacabins and a storage container (Plan at Appendix lsquoCrsquo) from the area of land covered by the Enforcement Notices to within the residential curtilage of Southbeck The extant Notices do not include land at Southbeck and accordingly the above described development constitutes a new breach of planning control

42 From previous investigations at the land to the rear of Southbeck it is understood that the storage container was used to store hay bales One of the portacabins contained wc facilities whilst the other was previously used as a site office It is not known whether the wc facilities are operational and there is no evidence to suggest that the office is currently operational Following investigations by the enforcement Officers it has been found that one of the stables closest to the boundary fence with Holly Lodge is being used as a tea making facilityrest room with storage of tack During the course of investigations those that have been using the stables have advised that they do not have access to wc facilities Accordingly from the investigations carried out it appears to Officers therefore that both portacabins and storage container are currently on site for storage purposes and are not being utilised by those people who are keeping their horses within the stables Furthermore from the site visits conducted it appears that there is no physical access between the stables and the location of the portacabins and storage container as what was the garden area of Southbeck has been subdivided by way of a close boarded fence and metal means of enclosure No planning permission has been granted for the storage of the two portacabins and storage container within the residential curtilage As the portacabins and storage container were moved into the residential curtilage of Southbeck during 2012 then the material change of the use of the land has not become immune from enforcement action

43 The stables located within the residential curtilage of Southbeck are the same stables that were previously located on land at the rear of the dwelling known as Southbeck to which the operational development Enforcement Notice served in 2009 and upheld at appeal in 2010 relates The stables have railway sleepers as floors as they did when located within the land to the rear of Southbeck The railway timbers are also subject of the operational development Enforcement Notice In considering the appeal against the operational development Enforcement Notice in 2010 the Inspector considered the stables to be lsquobuildingsrsquo within the definition set out in the Act Notwithstanding that the stables have since been relocated from their original position to the field east of the public footpath and then to within the rear garden of Southbeck The site owner in the past has previously given the view that the stables are portable However a number of factors lead Officers to consider that the stables despite having been moved still constitute operational development

44 Section 336 of the Town and Country Planning Act 1990 defines ldquobuildingrdquo as including any structure and erection and any part of a building as so defined but not plant or machinery comprised within a building The test for determining whether a structure is a lsquobuildingrsquo (ie operational development) is well enshrined in case law (Cardiff Rating Authority v Guest Keen Baldwinrsquos Iron and Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v Secretary of State for the Environment Transport and the Regions (No 2) [2000]) and consists of three main considerations being size permanence and physical attachment to the land

- 10 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

TERM EXPLANATION

PCN Planning Contravention Notice Formal notice which requires information to be provided in connection with an enforcement investigation It does not in itself constitute enforcement action

PD Permitted development ndash works which can be undertaken without the need to submit a planning application

PDG Planning Delivery Grant An annual grant from central government which reflects the previous yearrsquos performance in delivering planning services

P amp I Policy and Implementation ndash the area of planning service that produces the Local Development Framework monitors development and supports the Runnymede Business Partnership and Travel Initiative

PINS Planning Inspectorate POS Public Open Space PPG Planning Policy Guidance This is guidance issued by the Secretary of

State detailing National Planning Policy within existing legislation PPS Planning Policy Statements The replacement title for PPG

Ramsar Site A wetland of international importance RIPA Regulation of Investigatory Powers Act Provides limitation on covert

surveillance relating to enforcement investigation SAC Special Area of Conservation ndash an SSSI additionally designated as a

Special Area of Conservation under the European Communityrsquos Habitats Directive 1992 in order to maintain or restore priority natural habitats and wild species

SANGS Suitable Alternative Natural Greenspaces SCI Statement of Community Involvement The document and policies that

indicate how the community will be engaged in the preparation of the LDF SEASA Strategic Environmental AssessmentSustainability Appraisal ndash formal

appraisal of the Local development Framework Sec 106 A legal agreement for the provision of facilities andor infrastructure either

directly by a developer or through a financial contribution to meet the needs arising out of a development Can also prevent certain matters

SNCI Site of Nature Conservation Importance A non-statutory designated area of county or regional wildlife value

South East Plan

Regional Planning Document produced in draft form by SEERA Will provide regional planning guidance and housing targets for individual Councils for the period up to 2026

SPA Special Protection Area An SSSI additionally designated a Special Protection Area under the European Communityrsquos Directive on the Conservation of Wild Birds 1979

SPD Supplementary Planning Document ndash provides additional advice on policies in Local Development Framework (replaces SPG)

SSSI Site of Special Scientific Interest SuDS Sustainable Urban Drainage Systems Providing urban drainage systems

in a more environmentally sensitive way by systems designed to reduce the quantity of run-off slow its velocity or provide for filtering sedimentation and biological degradation of the water

Sustainable Development

Sustainable development is the core principle underpinning planning It is defined as ldquodevelopment that meets the needs of the present without compromising the ability of future generations to meet their own needsrdquo

TA Transport Assessment ndash assessment of the traffic and transportation implications of a development proposal

TPO Tree Preservation Order ndash where a tree or trees are formally protected and prior consent is needed for pruning or felling

TRICS Computerised database and trip rate analysis used to estimate traffic flows to and from a variety of land uses to assess transportation implications of new development in southern England

Use Classes Order

Document which lists classes of use and permits certain changes between uses without the need for planning permission

- 5 -

1 FIRE PRECAUTIONS

The Chairman will read the Fire Precautions which set out the procedures to be followed in the event of fire or other emergency

2 NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP

3 MINUTES

To confirm and sign the Minutes of the meeting of the Committee held on 11 July 2012 as a correct record (Appendix lsquoArsquo)

4 APOLOGIES FOR ABSENCE

5 DECLARATIONS OF INTEREST

If Members have an interest in an agenda item please record the interest on the orange coloured form circulated with this Agenda and hand it to the Legal Representative or Committee Administrator at the start of the meeting A supply of the form will also be available from the Committee Administrator at meetings

Members who have previously declared interests which are recorded in the Minutes to be considered at this meeting need not repeat the declaration when attending the meeting Members need take no further action unless the item in which they have an interest becomes the subject of debate in which event the Member must leave the room if the interest is a disclosable pecuniary interest or if the interest could reasonably be regarded as so significant as to prejudice the Memberrsquos judgement of the public interest

6 PLANNING APPLICATIONS (DTS)

A list of planning applications to be determined by the Committee is attached Officers recommendations are included in the application reports

If Members have particular queries or interests in certain applications the application files will be available for inspection and Officers present from 700pm prior to the meeting in the ante room of the Council Chamber This will be an informal opportunity for Members to see further details of applications and representations and to discuss and clarify issues Copies of all letters of representation will also be placed on the table in the Chamber prior to the meeting and will be available for inspection by Members

Background Papers

A list of background papers is available from the Technical Services Department

7 LOCAL DEVELOPMENT SCHEME (DTS)

1 Purpose of Report

11 To seek Membersrsquo approval for revisions to the Local Development Scheme (LDS) including a proposed date for its commencement

2 Background Information

21 The Borough Council is required by law to produce a project plan known as a lsquoLocal Development Schemersquo (LDS) setting out how its Local Plan will be produced and a timetable for its production The purpose of this document is to keep the public and other stakeholders informed and to promote good management of the Local Plan adoption process

22 The current LDS was adopted by this Council in January 2010 prior to the decision by the Council to suspend work on the publication of the Local Development Framework (as it then was) Core Strategy in July of that year Since that time there have been significant policy changes at the national level these include the decision to abolish Regional Spatial Strategies and the issue of the National Planning Policy Framework (NPPF) in March 2012 The LDS therefore needs to be updated to reflect these changes and to set out information on the timetable and production of the new local Plan

- 6 -

23 A revised Local Development Scheme is attached as Appendix lsquoBlsquo to this report

3 Summary of Changes

31 The main suggested changes to the LDS are

Changes to the timeframe for the production of the Core Strategy

Changes to the timeframe for the production of a Development Plan document (DPD) dealing with Development Management Policies

The introduction of a timeframe for the production of a Gypsy and Traveller Sites DPD

Inclusion of a Community Infrastructure Levy DPD

32 The key milestones for the Core Strategy are as follows

Consultation on draft Submission Plan JanuaryFebruary 2013

Submission of Plan to Government June 2013

Examination Hearings January 2014

Receipt of Inspectors report March 2014

Adoption by Council April 2014

33 It is considered that the above changes will provide the Council with a more deliverable and achievable work plan which can be met within current and anticipated resources

4 Council Policy

41 The LDS will form the Councilrsquos work programme for preparing the Local Plan for the next three years

5 Resource Implications

51 The LDS is the formal programme of work that will deliver the Local Plan It is a rolling programme identifying the Local Plan documents that the Council intends to produce and the timetable for their production Currently sufficient resources are available to assemble the Core Strategy the Development Management Policies documentation

6 Legal Implications

61 There are no legal implications resulting from this report

7 Equality Implications

71 The Local Plan would have an impact on the local communities in Runnymede but the intention is to bring positive benefits for the whole community The Local Plan will be accompanied by a full Equalities Impact Assessment

8 Conclusions

81 The changes to the LDS are related to changes in timeframes arising from previous decisions of the Council and changes to National Planning Policy The revised draft LDS sets out a realistic programme for the preparation of the Local Plan in accordance with current legislation and regulations As Council policy the LDS needs to be adopted by Full Council At this stage it also needs to be referred to the Secretary of State for approval ndash although the Government has indicated in draft Regulations that this requirement will be removed in due course It is possible that as we move into the new planning guidance set out in the National Planning Policy Framework the Coalition Government may introduce revised regulations that require a review of the process However for the foreseeable future Officers consider the LDS represents the correct way forward

- 7 -

OFFICERSrsquo RECOMMENDATION that ndash

the Committee approve the August 2012 changes to the Runnymede Borough Council Local Development Scheme

(TO RECOMMEND)

Background Papers

None

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT (DTS)

1 Purpose of Report

11 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised operational development comprising the erection of stables

12 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised material change of use of land from residential to a mixed use comprising residential use equestrian use and storage of portacabins and a storage container

2 Site Description

21 This site relates to the residential property known as Southbeck located on the southern side of Ruxbury Road The plot is rectangular in shape and comprises a two storey detached dwelling located towards the front of the plot To the rear of the dwelling is its garden which slopes gently towards the rear boundary To the east of the dwelling is the neighbouring dwelling of Holly Lodge To the west of the dwelling is an access driveway which provides vehicular access to the separate properties known as Lynefield Farm and also Hillside Farm This driveway also provides access to land to the rear of Southbeck which is within the same ownership as Southbeck and this adjacent land has an extensive planning history and has been subject to recent enforcement and prosecution action

3 Site History

Southbeck

31 An Enforcement Notice was served in July 1990 alleging the change of use of the land or premises (at Southbeck as well as the land to the rear of Southbeck) from residential purposes to mixed use for residential purposes and a commercial haulage business An appeal against the Enforcement Notice was dismissed and the Notice upheld with correction in May 1991

32 There is no other planning history directly relating to the dwelling and garden at Southbeck

Land to the rear of Southbeck

33 There is significant planning and enforcement history relating to the land to the rear of Southbeck which is considered relevant to the consideration of this matter The history is as follows

34 Article 4 Direction dated 19 June 1978 ndash prohibits the use of the land for temporary buildings and uses normally permitted by virtue of Class IV of Schedule 1 to the Town and Country Planning General Development Order 1977 Class IV The use of land (other than a building or the curtilage of a building) for any purpose or purposes except as a caravan site on not more than 28 days in total in any calendar year (of which not more than 14 days in total may be devoted to use for the purpose of motor car or motor-cycle racing or for the purpose of holding markets) and the erection or placing of moveable structures on the land for the purposes of that use

- 8 -

35 RU 891276 Erection of stables for use as equestrian family unit with some boxes as calf pens pig rearing unit and isolation area (retrospective) Refused February 1990

36 An Enforcement Notice was served in March 1990 alleging the erection of an open sided barn the erection and construction of 8 stable boxes with tack room and the erection of 2 metre high fencing and gates and the creation of hardstanding An appeal against the Enforcement Notice was dismissed and the Notice upheld in January 2001 (The current owner of the site was not the owner of the site at the time the above Enforcement Notice was served)

37 RU 910536 Retention of 7 stables and tack room Refused July 1991

38 RU 950472 Erection of stable block comprising 6 stables and tack room following demolition of 3 existing stables Granted July 1995 It does not appear from the aerial photographs dated 1998 and 2003 which the Council holds that this permission was implemented

39 RU 060982 Proposed horse stables and open sand school with associated fencing security gates and fencing and 2 no x 8 metre high floodlights (additional plans received 290906) Refused November 2006

310 A Planning Contravention Notice was served on the owner of the site on 27 June 2008 The response from the ownerrsquos agent was received on 5 September 2008 In response to the Planning Contravention Notice the owner stated that the intended use of the whole site was for the purpose of dressage specialising in the treatment of horses with temperament problems and whilst recuperating from injury and illness and also restoring competition horses which had ldquobroken downrdquo

311 At the Planning Committee on 13 May 2009 Members resolved to take enforcement action against the unauthorised development taking place at the land to the rear of Southbeck The Notices were served on 5 November 2009 Two Enforcement Notices were served one relating to operational development and one relating to a material change of use

312 Prior to the Notices being served on 3 June 2009 under RU 090467 planning permission was sought for - Continuing use of land for Equestrian purposes including treatment of horses (incorporating change of use from agriculture to equestrian) and retention of buildings comprising stable block of 12 no x stables hay barn tack and feed stores a machinery store building a site office a wc block hardstandings parking area access fencing and sand school with 6 no x 6 metre high floodlights on poles Refused August 2009

313 The Enforcement Notices were appealed in December 2009 and were the subject of a Hearing in June 2010 Prior to the Hearing a further three planning applications related to the unauthorised development were submitted for determination These applications are detailed below

314 RU 100356 ndash Construction of a stable block comprising 6 stables tack room and hay barn together with associated access and hardstanding for private use only ndash Refused June 2010

315 RU 100357 - Retention of sand school (manege) (60m by 20m) for private purposes only ndash Refused June 2010 (subject to the operational development Enforcement Notice)

316 RU 100359 - Retention of existing storage building to house hay bedding and paddock maintenance machinery Refused June 2010

317 On the day of the Hearing in June 2010 the appeal against the material change of use notice was withdrawn In relation to the operational development Enforcement Notice the appeal was dismissed and the Enforcement Notice upheld The time limit for compliance with both Enforcement Notices was 6 February 2011

318 Following the expiry of the compliance dates for the Enforcement Notices the Councilrsquos Enforcement Section undertook several site visits and advised the site owner that it was not considered that the Enforcement Notices had been complied with in full Whilst evidence was being gathered by Officers to take forward a prosecution a further two planning applications were submitted by the site owner the details of which are below

- 9 -

319 RU 110769 - Retention of Hay barn for private equestrian use Refused 27 September 2011 (subject to the operational development Enforcement Notice)

320 RU 120218 ndash Prior approval for the proposed erection of 9 no stables In March 2012 the Council determined that prior approval was required for the proposal and prior approval was subsequently refused in April 2012

321 On 27 March 2012 the applicant was charged at the Magistrates Court with two offences of having failed to comply with the requirements of the two Enforcement Notices to which the owner entered guilty pleas Further site visits have been conducted subsequently and again there is further evidence of non-compliance with the Enforcement Notices

4 Unauthorised Development

41 The site owner has constructed 6 stable buildings each comprising a pair of stables (Plan at Appendix lsquoDrsquo) and moved two portacabins and a storage container (Plan at Appendix lsquoCrsquo) from the area of land covered by the Enforcement Notices to within the residential curtilage of Southbeck The extant Notices do not include land at Southbeck and accordingly the above described development constitutes a new breach of planning control

42 From previous investigations at the land to the rear of Southbeck it is understood that the storage container was used to store hay bales One of the portacabins contained wc facilities whilst the other was previously used as a site office It is not known whether the wc facilities are operational and there is no evidence to suggest that the office is currently operational Following investigations by the enforcement Officers it has been found that one of the stables closest to the boundary fence with Holly Lodge is being used as a tea making facilityrest room with storage of tack During the course of investigations those that have been using the stables have advised that they do not have access to wc facilities Accordingly from the investigations carried out it appears to Officers therefore that both portacabins and storage container are currently on site for storage purposes and are not being utilised by those people who are keeping their horses within the stables Furthermore from the site visits conducted it appears that there is no physical access between the stables and the location of the portacabins and storage container as what was the garden area of Southbeck has been subdivided by way of a close boarded fence and metal means of enclosure No planning permission has been granted for the storage of the two portacabins and storage container within the residential curtilage As the portacabins and storage container were moved into the residential curtilage of Southbeck during 2012 then the material change of the use of the land has not become immune from enforcement action

43 The stables located within the residential curtilage of Southbeck are the same stables that were previously located on land at the rear of the dwelling known as Southbeck to which the operational development Enforcement Notice served in 2009 and upheld at appeal in 2010 relates The stables have railway sleepers as floors as they did when located within the land to the rear of Southbeck The railway timbers are also subject of the operational development Enforcement Notice In considering the appeal against the operational development Enforcement Notice in 2010 the Inspector considered the stables to be lsquobuildingsrsquo within the definition set out in the Act Notwithstanding that the stables have since been relocated from their original position to the field east of the public footpath and then to within the rear garden of Southbeck The site owner in the past has previously given the view that the stables are portable However a number of factors lead Officers to consider that the stables despite having been moved still constitute operational development

44 Section 336 of the Town and Country Planning Act 1990 defines ldquobuildingrdquo as including any structure and erection and any part of a building as so defined but not plant or machinery comprised within a building The test for determining whether a structure is a lsquobuildingrsquo (ie operational development) is well enshrined in case law (Cardiff Rating Authority v Guest Keen Baldwinrsquos Iron and Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v Secretary of State for the Environment Transport and the Regions (No 2) [2000]) and consists of three main considerations being size permanence and physical attachment to the land

- 10 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

1 FIRE PRECAUTIONS

The Chairman will read the Fire Precautions which set out the procedures to be followed in the event of fire or other emergency

2 NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP

3 MINUTES

To confirm and sign the Minutes of the meeting of the Committee held on 11 July 2012 as a correct record (Appendix lsquoArsquo)

4 APOLOGIES FOR ABSENCE

5 DECLARATIONS OF INTEREST

If Members have an interest in an agenda item please record the interest on the orange coloured form circulated with this Agenda and hand it to the Legal Representative or Committee Administrator at the start of the meeting A supply of the form will also be available from the Committee Administrator at meetings

Members who have previously declared interests which are recorded in the Minutes to be considered at this meeting need not repeat the declaration when attending the meeting Members need take no further action unless the item in which they have an interest becomes the subject of debate in which event the Member must leave the room if the interest is a disclosable pecuniary interest or if the interest could reasonably be regarded as so significant as to prejudice the Memberrsquos judgement of the public interest

6 PLANNING APPLICATIONS (DTS)

A list of planning applications to be determined by the Committee is attached Officers recommendations are included in the application reports

If Members have particular queries or interests in certain applications the application files will be available for inspection and Officers present from 700pm prior to the meeting in the ante room of the Council Chamber This will be an informal opportunity for Members to see further details of applications and representations and to discuss and clarify issues Copies of all letters of representation will also be placed on the table in the Chamber prior to the meeting and will be available for inspection by Members

Background Papers

A list of background papers is available from the Technical Services Department

7 LOCAL DEVELOPMENT SCHEME (DTS)

1 Purpose of Report

11 To seek Membersrsquo approval for revisions to the Local Development Scheme (LDS) including a proposed date for its commencement

2 Background Information

21 The Borough Council is required by law to produce a project plan known as a lsquoLocal Development Schemersquo (LDS) setting out how its Local Plan will be produced and a timetable for its production The purpose of this document is to keep the public and other stakeholders informed and to promote good management of the Local Plan adoption process

22 The current LDS was adopted by this Council in January 2010 prior to the decision by the Council to suspend work on the publication of the Local Development Framework (as it then was) Core Strategy in July of that year Since that time there have been significant policy changes at the national level these include the decision to abolish Regional Spatial Strategies and the issue of the National Planning Policy Framework (NPPF) in March 2012 The LDS therefore needs to be updated to reflect these changes and to set out information on the timetable and production of the new local Plan

- 6 -

23 A revised Local Development Scheme is attached as Appendix lsquoBlsquo to this report

3 Summary of Changes

31 The main suggested changes to the LDS are

Changes to the timeframe for the production of the Core Strategy

Changes to the timeframe for the production of a Development Plan document (DPD) dealing with Development Management Policies

The introduction of a timeframe for the production of a Gypsy and Traveller Sites DPD

Inclusion of a Community Infrastructure Levy DPD

32 The key milestones for the Core Strategy are as follows

Consultation on draft Submission Plan JanuaryFebruary 2013

Submission of Plan to Government June 2013

Examination Hearings January 2014

Receipt of Inspectors report March 2014

Adoption by Council April 2014

33 It is considered that the above changes will provide the Council with a more deliverable and achievable work plan which can be met within current and anticipated resources

4 Council Policy

41 The LDS will form the Councilrsquos work programme for preparing the Local Plan for the next three years

5 Resource Implications

51 The LDS is the formal programme of work that will deliver the Local Plan It is a rolling programme identifying the Local Plan documents that the Council intends to produce and the timetable for their production Currently sufficient resources are available to assemble the Core Strategy the Development Management Policies documentation

6 Legal Implications

61 There are no legal implications resulting from this report

7 Equality Implications

71 The Local Plan would have an impact on the local communities in Runnymede but the intention is to bring positive benefits for the whole community The Local Plan will be accompanied by a full Equalities Impact Assessment

8 Conclusions

81 The changes to the LDS are related to changes in timeframes arising from previous decisions of the Council and changes to National Planning Policy The revised draft LDS sets out a realistic programme for the preparation of the Local Plan in accordance with current legislation and regulations As Council policy the LDS needs to be adopted by Full Council At this stage it also needs to be referred to the Secretary of State for approval ndash although the Government has indicated in draft Regulations that this requirement will be removed in due course It is possible that as we move into the new planning guidance set out in the National Planning Policy Framework the Coalition Government may introduce revised regulations that require a review of the process However for the foreseeable future Officers consider the LDS represents the correct way forward

- 7 -

OFFICERSrsquo RECOMMENDATION that ndash

the Committee approve the August 2012 changes to the Runnymede Borough Council Local Development Scheme

(TO RECOMMEND)

Background Papers

None

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT (DTS)

1 Purpose of Report

11 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised operational development comprising the erection of stables

12 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised material change of use of land from residential to a mixed use comprising residential use equestrian use and storage of portacabins and a storage container

2 Site Description

21 This site relates to the residential property known as Southbeck located on the southern side of Ruxbury Road The plot is rectangular in shape and comprises a two storey detached dwelling located towards the front of the plot To the rear of the dwelling is its garden which slopes gently towards the rear boundary To the east of the dwelling is the neighbouring dwelling of Holly Lodge To the west of the dwelling is an access driveway which provides vehicular access to the separate properties known as Lynefield Farm and also Hillside Farm This driveway also provides access to land to the rear of Southbeck which is within the same ownership as Southbeck and this adjacent land has an extensive planning history and has been subject to recent enforcement and prosecution action

3 Site History

Southbeck

31 An Enforcement Notice was served in July 1990 alleging the change of use of the land or premises (at Southbeck as well as the land to the rear of Southbeck) from residential purposes to mixed use for residential purposes and a commercial haulage business An appeal against the Enforcement Notice was dismissed and the Notice upheld with correction in May 1991

32 There is no other planning history directly relating to the dwelling and garden at Southbeck

Land to the rear of Southbeck

33 There is significant planning and enforcement history relating to the land to the rear of Southbeck which is considered relevant to the consideration of this matter The history is as follows

34 Article 4 Direction dated 19 June 1978 ndash prohibits the use of the land for temporary buildings and uses normally permitted by virtue of Class IV of Schedule 1 to the Town and Country Planning General Development Order 1977 Class IV The use of land (other than a building or the curtilage of a building) for any purpose or purposes except as a caravan site on not more than 28 days in total in any calendar year (of which not more than 14 days in total may be devoted to use for the purpose of motor car or motor-cycle racing or for the purpose of holding markets) and the erection or placing of moveable structures on the land for the purposes of that use

- 8 -

35 RU 891276 Erection of stables for use as equestrian family unit with some boxes as calf pens pig rearing unit and isolation area (retrospective) Refused February 1990

36 An Enforcement Notice was served in March 1990 alleging the erection of an open sided barn the erection and construction of 8 stable boxes with tack room and the erection of 2 metre high fencing and gates and the creation of hardstanding An appeal against the Enforcement Notice was dismissed and the Notice upheld in January 2001 (The current owner of the site was not the owner of the site at the time the above Enforcement Notice was served)

37 RU 910536 Retention of 7 stables and tack room Refused July 1991

38 RU 950472 Erection of stable block comprising 6 stables and tack room following demolition of 3 existing stables Granted July 1995 It does not appear from the aerial photographs dated 1998 and 2003 which the Council holds that this permission was implemented

39 RU 060982 Proposed horse stables and open sand school with associated fencing security gates and fencing and 2 no x 8 metre high floodlights (additional plans received 290906) Refused November 2006

310 A Planning Contravention Notice was served on the owner of the site on 27 June 2008 The response from the ownerrsquos agent was received on 5 September 2008 In response to the Planning Contravention Notice the owner stated that the intended use of the whole site was for the purpose of dressage specialising in the treatment of horses with temperament problems and whilst recuperating from injury and illness and also restoring competition horses which had ldquobroken downrdquo

311 At the Planning Committee on 13 May 2009 Members resolved to take enforcement action against the unauthorised development taking place at the land to the rear of Southbeck The Notices were served on 5 November 2009 Two Enforcement Notices were served one relating to operational development and one relating to a material change of use

312 Prior to the Notices being served on 3 June 2009 under RU 090467 planning permission was sought for - Continuing use of land for Equestrian purposes including treatment of horses (incorporating change of use from agriculture to equestrian) and retention of buildings comprising stable block of 12 no x stables hay barn tack and feed stores a machinery store building a site office a wc block hardstandings parking area access fencing and sand school with 6 no x 6 metre high floodlights on poles Refused August 2009

313 The Enforcement Notices were appealed in December 2009 and were the subject of a Hearing in June 2010 Prior to the Hearing a further three planning applications related to the unauthorised development were submitted for determination These applications are detailed below

314 RU 100356 ndash Construction of a stable block comprising 6 stables tack room and hay barn together with associated access and hardstanding for private use only ndash Refused June 2010

315 RU 100357 - Retention of sand school (manege) (60m by 20m) for private purposes only ndash Refused June 2010 (subject to the operational development Enforcement Notice)

316 RU 100359 - Retention of existing storage building to house hay bedding and paddock maintenance machinery Refused June 2010

317 On the day of the Hearing in June 2010 the appeal against the material change of use notice was withdrawn In relation to the operational development Enforcement Notice the appeal was dismissed and the Enforcement Notice upheld The time limit for compliance with both Enforcement Notices was 6 February 2011

318 Following the expiry of the compliance dates for the Enforcement Notices the Councilrsquos Enforcement Section undertook several site visits and advised the site owner that it was not considered that the Enforcement Notices had been complied with in full Whilst evidence was being gathered by Officers to take forward a prosecution a further two planning applications were submitted by the site owner the details of which are below

- 9 -

319 RU 110769 - Retention of Hay barn for private equestrian use Refused 27 September 2011 (subject to the operational development Enforcement Notice)

320 RU 120218 ndash Prior approval for the proposed erection of 9 no stables In March 2012 the Council determined that prior approval was required for the proposal and prior approval was subsequently refused in April 2012

321 On 27 March 2012 the applicant was charged at the Magistrates Court with two offences of having failed to comply with the requirements of the two Enforcement Notices to which the owner entered guilty pleas Further site visits have been conducted subsequently and again there is further evidence of non-compliance with the Enforcement Notices

4 Unauthorised Development

41 The site owner has constructed 6 stable buildings each comprising a pair of stables (Plan at Appendix lsquoDrsquo) and moved two portacabins and a storage container (Plan at Appendix lsquoCrsquo) from the area of land covered by the Enforcement Notices to within the residential curtilage of Southbeck The extant Notices do not include land at Southbeck and accordingly the above described development constitutes a new breach of planning control

42 From previous investigations at the land to the rear of Southbeck it is understood that the storage container was used to store hay bales One of the portacabins contained wc facilities whilst the other was previously used as a site office It is not known whether the wc facilities are operational and there is no evidence to suggest that the office is currently operational Following investigations by the enforcement Officers it has been found that one of the stables closest to the boundary fence with Holly Lodge is being used as a tea making facilityrest room with storage of tack During the course of investigations those that have been using the stables have advised that they do not have access to wc facilities Accordingly from the investigations carried out it appears to Officers therefore that both portacabins and storage container are currently on site for storage purposes and are not being utilised by those people who are keeping their horses within the stables Furthermore from the site visits conducted it appears that there is no physical access between the stables and the location of the portacabins and storage container as what was the garden area of Southbeck has been subdivided by way of a close boarded fence and metal means of enclosure No planning permission has been granted for the storage of the two portacabins and storage container within the residential curtilage As the portacabins and storage container were moved into the residential curtilage of Southbeck during 2012 then the material change of the use of the land has not become immune from enforcement action

43 The stables located within the residential curtilage of Southbeck are the same stables that were previously located on land at the rear of the dwelling known as Southbeck to which the operational development Enforcement Notice served in 2009 and upheld at appeal in 2010 relates The stables have railway sleepers as floors as they did when located within the land to the rear of Southbeck The railway timbers are also subject of the operational development Enforcement Notice In considering the appeal against the operational development Enforcement Notice in 2010 the Inspector considered the stables to be lsquobuildingsrsquo within the definition set out in the Act Notwithstanding that the stables have since been relocated from their original position to the field east of the public footpath and then to within the rear garden of Southbeck The site owner in the past has previously given the view that the stables are portable However a number of factors lead Officers to consider that the stables despite having been moved still constitute operational development

44 Section 336 of the Town and Country Planning Act 1990 defines ldquobuildingrdquo as including any structure and erection and any part of a building as so defined but not plant or machinery comprised within a building The test for determining whether a structure is a lsquobuildingrsquo (ie operational development) is well enshrined in case law (Cardiff Rating Authority v Guest Keen Baldwinrsquos Iron and Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v Secretary of State for the Environment Transport and the Regions (No 2) [2000]) and consists of three main considerations being size permanence and physical attachment to the land

- 10 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

23 A revised Local Development Scheme is attached as Appendix lsquoBlsquo to this report

3 Summary of Changes

31 The main suggested changes to the LDS are

Changes to the timeframe for the production of the Core Strategy

Changes to the timeframe for the production of a Development Plan document (DPD) dealing with Development Management Policies

The introduction of a timeframe for the production of a Gypsy and Traveller Sites DPD

Inclusion of a Community Infrastructure Levy DPD

32 The key milestones for the Core Strategy are as follows

Consultation on draft Submission Plan JanuaryFebruary 2013

Submission of Plan to Government June 2013

Examination Hearings January 2014

Receipt of Inspectors report March 2014

Adoption by Council April 2014

33 It is considered that the above changes will provide the Council with a more deliverable and achievable work plan which can be met within current and anticipated resources

4 Council Policy

41 The LDS will form the Councilrsquos work programme for preparing the Local Plan for the next three years

5 Resource Implications

51 The LDS is the formal programme of work that will deliver the Local Plan It is a rolling programme identifying the Local Plan documents that the Council intends to produce and the timetable for their production Currently sufficient resources are available to assemble the Core Strategy the Development Management Policies documentation

6 Legal Implications

61 There are no legal implications resulting from this report

7 Equality Implications

71 The Local Plan would have an impact on the local communities in Runnymede but the intention is to bring positive benefits for the whole community The Local Plan will be accompanied by a full Equalities Impact Assessment

8 Conclusions

81 The changes to the LDS are related to changes in timeframes arising from previous decisions of the Council and changes to National Planning Policy The revised draft LDS sets out a realistic programme for the preparation of the Local Plan in accordance with current legislation and regulations As Council policy the LDS needs to be adopted by Full Council At this stage it also needs to be referred to the Secretary of State for approval ndash although the Government has indicated in draft Regulations that this requirement will be removed in due course It is possible that as we move into the new planning guidance set out in the National Planning Policy Framework the Coalition Government may introduce revised regulations that require a review of the process However for the foreseeable future Officers consider the LDS represents the correct way forward

- 7 -

OFFICERSrsquo RECOMMENDATION that ndash

the Committee approve the August 2012 changes to the Runnymede Borough Council Local Development Scheme

(TO RECOMMEND)

Background Papers

None

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT (DTS)

1 Purpose of Report

11 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised operational development comprising the erection of stables

12 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised material change of use of land from residential to a mixed use comprising residential use equestrian use and storage of portacabins and a storage container

2 Site Description

21 This site relates to the residential property known as Southbeck located on the southern side of Ruxbury Road The plot is rectangular in shape and comprises a two storey detached dwelling located towards the front of the plot To the rear of the dwelling is its garden which slopes gently towards the rear boundary To the east of the dwelling is the neighbouring dwelling of Holly Lodge To the west of the dwelling is an access driveway which provides vehicular access to the separate properties known as Lynefield Farm and also Hillside Farm This driveway also provides access to land to the rear of Southbeck which is within the same ownership as Southbeck and this adjacent land has an extensive planning history and has been subject to recent enforcement and prosecution action

3 Site History

Southbeck

31 An Enforcement Notice was served in July 1990 alleging the change of use of the land or premises (at Southbeck as well as the land to the rear of Southbeck) from residential purposes to mixed use for residential purposes and a commercial haulage business An appeal against the Enforcement Notice was dismissed and the Notice upheld with correction in May 1991

32 There is no other planning history directly relating to the dwelling and garden at Southbeck

Land to the rear of Southbeck

33 There is significant planning and enforcement history relating to the land to the rear of Southbeck which is considered relevant to the consideration of this matter The history is as follows

34 Article 4 Direction dated 19 June 1978 ndash prohibits the use of the land for temporary buildings and uses normally permitted by virtue of Class IV of Schedule 1 to the Town and Country Planning General Development Order 1977 Class IV The use of land (other than a building or the curtilage of a building) for any purpose or purposes except as a caravan site on not more than 28 days in total in any calendar year (of which not more than 14 days in total may be devoted to use for the purpose of motor car or motor-cycle racing or for the purpose of holding markets) and the erection or placing of moveable structures on the land for the purposes of that use

- 8 -

35 RU 891276 Erection of stables for use as equestrian family unit with some boxes as calf pens pig rearing unit and isolation area (retrospective) Refused February 1990

36 An Enforcement Notice was served in March 1990 alleging the erection of an open sided barn the erection and construction of 8 stable boxes with tack room and the erection of 2 metre high fencing and gates and the creation of hardstanding An appeal against the Enforcement Notice was dismissed and the Notice upheld in January 2001 (The current owner of the site was not the owner of the site at the time the above Enforcement Notice was served)

37 RU 910536 Retention of 7 stables and tack room Refused July 1991

38 RU 950472 Erection of stable block comprising 6 stables and tack room following demolition of 3 existing stables Granted July 1995 It does not appear from the aerial photographs dated 1998 and 2003 which the Council holds that this permission was implemented

39 RU 060982 Proposed horse stables and open sand school with associated fencing security gates and fencing and 2 no x 8 metre high floodlights (additional plans received 290906) Refused November 2006

310 A Planning Contravention Notice was served on the owner of the site on 27 June 2008 The response from the ownerrsquos agent was received on 5 September 2008 In response to the Planning Contravention Notice the owner stated that the intended use of the whole site was for the purpose of dressage specialising in the treatment of horses with temperament problems and whilst recuperating from injury and illness and also restoring competition horses which had ldquobroken downrdquo

311 At the Planning Committee on 13 May 2009 Members resolved to take enforcement action against the unauthorised development taking place at the land to the rear of Southbeck The Notices were served on 5 November 2009 Two Enforcement Notices were served one relating to operational development and one relating to a material change of use

312 Prior to the Notices being served on 3 June 2009 under RU 090467 planning permission was sought for - Continuing use of land for Equestrian purposes including treatment of horses (incorporating change of use from agriculture to equestrian) and retention of buildings comprising stable block of 12 no x stables hay barn tack and feed stores a machinery store building a site office a wc block hardstandings parking area access fencing and sand school with 6 no x 6 metre high floodlights on poles Refused August 2009

313 The Enforcement Notices were appealed in December 2009 and were the subject of a Hearing in June 2010 Prior to the Hearing a further three planning applications related to the unauthorised development were submitted for determination These applications are detailed below

314 RU 100356 ndash Construction of a stable block comprising 6 stables tack room and hay barn together with associated access and hardstanding for private use only ndash Refused June 2010

315 RU 100357 - Retention of sand school (manege) (60m by 20m) for private purposes only ndash Refused June 2010 (subject to the operational development Enforcement Notice)

316 RU 100359 - Retention of existing storage building to house hay bedding and paddock maintenance machinery Refused June 2010

317 On the day of the Hearing in June 2010 the appeal against the material change of use notice was withdrawn In relation to the operational development Enforcement Notice the appeal was dismissed and the Enforcement Notice upheld The time limit for compliance with both Enforcement Notices was 6 February 2011

318 Following the expiry of the compliance dates for the Enforcement Notices the Councilrsquos Enforcement Section undertook several site visits and advised the site owner that it was not considered that the Enforcement Notices had been complied with in full Whilst evidence was being gathered by Officers to take forward a prosecution a further two planning applications were submitted by the site owner the details of which are below

- 9 -

319 RU 110769 - Retention of Hay barn for private equestrian use Refused 27 September 2011 (subject to the operational development Enforcement Notice)

320 RU 120218 ndash Prior approval for the proposed erection of 9 no stables In March 2012 the Council determined that prior approval was required for the proposal and prior approval was subsequently refused in April 2012

321 On 27 March 2012 the applicant was charged at the Magistrates Court with two offences of having failed to comply with the requirements of the two Enforcement Notices to which the owner entered guilty pleas Further site visits have been conducted subsequently and again there is further evidence of non-compliance with the Enforcement Notices

4 Unauthorised Development

41 The site owner has constructed 6 stable buildings each comprising a pair of stables (Plan at Appendix lsquoDrsquo) and moved two portacabins and a storage container (Plan at Appendix lsquoCrsquo) from the area of land covered by the Enforcement Notices to within the residential curtilage of Southbeck The extant Notices do not include land at Southbeck and accordingly the above described development constitutes a new breach of planning control

42 From previous investigations at the land to the rear of Southbeck it is understood that the storage container was used to store hay bales One of the portacabins contained wc facilities whilst the other was previously used as a site office It is not known whether the wc facilities are operational and there is no evidence to suggest that the office is currently operational Following investigations by the enforcement Officers it has been found that one of the stables closest to the boundary fence with Holly Lodge is being used as a tea making facilityrest room with storage of tack During the course of investigations those that have been using the stables have advised that they do not have access to wc facilities Accordingly from the investigations carried out it appears to Officers therefore that both portacabins and storage container are currently on site for storage purposes and are not being utilised by those people who are keeping their horses within the stables Furthermore from the site visits conducted it appears that there is no physical access between the stables and the location of the portacabins and storage container as what was the garden area of Southbeck has been subdivided by way of a close boarded fence and metal means of enclosure No planning permission has been granted for the storage of the two portacabins and storage container within the residential curtilage As the portacabins and storage container were moved into the residential curtilage of Southbeck during 2012 then the material change of the use of the land has not become immune from enforcement action

43 The stables located within the residential curtilage of Southbeck are the same stables that were previously located on land at the rear of the dwelling known as Southbeck to which the operational development Enforcement Notice served in 2009 and upheld at appeal in 2010 relates The stables have railway sleepers as floors as they did when located within the land to the rear of Southbeck The railway timbers are also subject of the operational development Enforcement Notice In considering the appeal against the operational development Enforcement Notice in 2010 the Inspector considered the stables to be lsquobuildingsrsquo within the definition set out in the Act Notwithstanding that the stables have since been relocated from their original position to the field east of the public footpath and then to within the rear garden of Southbeck The site owner in the past has previously given the view that the stables are portable However a number of factors lead Officers to consider that the stables despite having been moved still constitute operational development

44 Section 336 of the Town and Country Planning Act 1990 defines ldquobuildingrdquo as including any structure and erection and any part of a building as so defined but not plant or machinery comprised within a building The test for determining whether a structure is a lsquobuildingrsquo (ie operational development) is well enshrined in case law (Cardiff Rating Authority v Guest Keen Baldwinrsquos Iron and Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v Secretary of State for the Environment Transport and the Regions (No 2) [2000]) and consists of three main considerations being size permanence and physical attachment to the land

- 10 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

OFFICERSrsquo RECOMMENDATION that ndash

the Committee approve the August 2012 changes to the Runnymede Borough Council Local Development Scheme

(TO RECOMMEND)

Background Papers

None

8 LAND AT SOUTHBECK RUXBURY ROAD CHERTSEY ndash ENFORCEMENT (DTS)

1 Purpose of Report

11 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised operational development comprising the erection of stables

12 To seek the authorisation of the Planning Committee to serve a planning enforcement notice in respect of the unauthorised material change of use of land from residential to a mixed use comprising residential use equestrian use and storage of portacabins and a storage container

2 Site Description

21 This site relates to the residential property known as Southbeck located on the southern side of Ruxbury Road The plot is rectangular in shape and comprises a two storey detached dwelling located towards the front of the plot To the rear of the dwelling is its garden which slopes gently towards the rear boundary To the east of the dwelling is the neighbouring dwelling of Holly Lodge To the west of the dwelling is an access driveway which provides vehicular access to the separate properties known as Lynefield Farm and also Hillside Farm This driveway also provides access to land to the rear of Southbeck which is within the same ownership as Southbeck and this adjacent land has an extensive planning history and has been subject to recent enforcement and prosecution action

3 Site History

Southbeck

31 An Enforcement Notice was served in July 1990 alleging the change of use of the land or premises (at Southbeck as well as the land to the rear of Southbeck) from residential purposes to mixed use for residential purposes and a commercial haulage business An appeal against the Enforcement Notice was dismissed and the Notice upheld with correction in May 1991

32 There is no other planning history directly relating to the dwelling and garden at Southbeck

Land to the rear of Southbeck

33 There is significant planning and enforcement history relating to the land to the rear of Southbeck which is considered relevant to the consideration of this matter The history is as follows

34 Article 4 Direction dated 19 June 1978 ndash prohibits the use of the land for temporary buildings and uses normally permitted by virtue of Class IV of Schedule 1 to the Town and Country Planning General Development Order 1977 Class IV The use of land (other than a building or the curtilage of a building) for any purpose or purposes except as a caravan site on not more than 28 days in total in any calendar year (of which not more than 14 days in total may be devoted to use for the purpose of motor car or motor-cycle racing or for the purpose of holding markets) and the erection or placing of moveable structures on the land for the purposes of that use

- 8 -

35 RU 891276 Erection of stables for use as equestrian family unit with some boxes as calf pens pig rearing unit and isolation area (retrospective) Refused February 1990

36 An Enforcement Notice was served in March 1990 alleging the erection of an open sided barn the erection and construction of 8 stable boxes with tack room and the erection of 2 metre high fencing and gates and the creation of hardstanding An appeal against the Enforcement Notice was dismissed and the Notice upheld in January 2001 (The current owner of the site was not the owner of the site at the time the above Enforcement Notice was served)

37 RU 910536 Retention of 7 stables and tack room Refused July 1991

38 RU 950472 Erection of stable block comprising 6 stables and tack room following demolition of 3 existing stables Granted July 1995 It does not appear from the aerial photographs dated 1998 and 2003 which the Council holds that this permission was implemented

39 RU 060982 Proposed horse stables and open sand school with associated fencing security gates and fencing and 2 no x 8 metre high floodlights (additional plans received 290906) Refused November 2006

310 A Planning Contravention Notice was served on the owner of the site on 27 June 2008 The response from the ownerrsquos agent was received on 5 September 2008 In response to the Planning Contravention Notice the owner stated that the intended use of the whole site was for the purpose of dressage specialising in the treatment of horses with temperament problems and whilst recuperating from injury and illness and also restoring competition horses which had ldquobroken downrdquo

311 At the Planning Committee on 13 May 2009 Members resolved to take enforcement action against the unauthorised development taking place at the land to the rear of Southbeck The Notices were served on 5 November 2009 Two Enforcement Notices were served one relating to operational development and one relating to a material change of use

312 Prior to the Notices being served on 3 June 2009 under RU 090467 planning permission was sought for - Continuing use of land for Equestrian purposes including treatment of horses (incorporating change of use from agriculture to equestrian) and retention of buildings comprising stable block of 12 no x stables hay barn tack and feed stores a machinery store building a site office a wc block hardstandings parking area access fencing and sand school with 6 no x 6 metre high floodlights on poles Refused August 2009

313 The Enforcement Notices were appealed in December 2009 and were the subject of a Hearing in June 2010 Prior to the Hearing a further three planning applications related to the unauthorised development were submitted for determination These applications are detailed below

314 RU 100356 ndash Construction of a stable block comprising 6 stables tack room and hay barn together with associated access and hardstanding for private use only ndash Refused June 2010

315 RU 100357 - Retention of sand school (manege) (60m by 20m) for private purposes only ndash Refused June 2010 (subject to the operational development Enforcement Notice)

316 RU 100359 - Retention of existing storage building to house hay bedding and paddock maintenance machinery Refused June 2010

317 On the day of the Hearing in June 2010 the appeal against the material change of use notice was withdrawn In relation to the operational development Enforcement Notice the appeal was dismissed and the Enforcement Notice upheld The time limit for compliance with both Enforcement Notices was 6 February 2011

318 Following the expiry of the compliance dates for the Enforcement Notices the Councilrsquos Enforcement Section undertook several site visits and advised the site owner that it was not considered that the Enforcement Notices had been complied with in full Whilst evidence was being gathered by Officers to take forward a prosecution a further two planning applications were submitted by the site owner the details of which are below

- 9 -

319 RU 110769 - Retention of Hay barn for private equestrian use Refused 27 September 2011 (subject to the operational development Enforcement Notice)

320 RU 120218 ndash Prior approval for the proposed erection of 9 no stables In March 2012 the Council determined that prior approval was required for the proposal and prior approval was subsequently refused in April 2012

321 On 27 March 2012 the applicant was charged at the Magistrates Court with two offences of having failed to comply with the requirements of the two Enforcement Notices to which the owner entered guilty pleas Further site visits have been conducted subsequently and again there is further evidence of non-compliance with the Enforcement Notices

4 Unauthorised Development

41 The site owner has constructed 6 stable buildings each comprising a pair of stables (Plan at Appendix lsquoDrsquo) and moved two portacabins and a storage container (Plan at Appendix lsquoCrsquo) from the area of land covered by the Enforcement Notices to within the residential curtilage of Southbeck The extant Notices do not include land at Southbeck and accordingly the above described development constitutes a new breach of planning control

42 From previous investigations at the land to the rear of Southbeck it is understood that the storage container was used to store hay bales One of the portacabins contained wc facilities whilst the other was previously used as a site office It is not known whether the wc facilities are operational and there is no evidence to suggest that the office is currently operational Following investigations by the enforcement Officers it has been found that one of the stables closest to the boundary fence with Holly Lodge is being used as a tea making facilityrest room with storage of tack During the course of investigations those that have been using the stables have advised that they do not have access to wc facilities Accordingly from the investigations carried out it appears to Officers therefore that both portacabins and storage container are currently on site for storage purposes and are not being utilised by those people who are keeping their horses within the stables Furthermore from the site visits conducted it appears that there is no physical access between the stables and the location of the portacabins and storage container as what was the garden area of Southbeck has been subdivided by way of a close boarded fence and metal means of enclosure No planning permission has been granted for the storage of the two portacabins and storage container within the residential curtilage As the portacabins and storage container were moved into the residential curtilage of Southbeck during 2012 then the material change of the use of the land has not become immune from enforcement action

43 The stables located within the residential curtilage of Southbeck are the same stables that were previously located on land at the rear of the dwelling known as Southbeck to which the operational development Enforcement Notice served in 2009 and upheld at appeal in 2010 relates The stables have railway sleepers as floors as they did when located within the land to the rear of Southbeck The railway timbers are also subject of the operational development Enforcement Notice In considering the appeal against the operational development Enforcement Notice in 2010 the Inspector considered the stables to be lsquobuildingsrsquo within the definition set out in the Act Notwithstanding that the stables have since been relocated from their original position to the field east of the public footpath and then to within the rear garden of Southbeck The site owner in the past has previously given the view that the stables are portable However a number of factors lead Officers to consider that the stables despite having been moved still constitute operational development

44 Section 336 of the Town and Country Planning Act 1990 defines ldquobuildingrdquo as including any structure and erection and any part of a building as so defined but not plant or machinery comprised within a building The test for determining whether a structure is a lsquobuildingrsquo (ie operational development) is well enshrined in case law (Cardiff Rating Authority v Guest Keen Baldwinrsquos Iron and Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v Secretary of State for the Environment Transport and the Regions (No 2) [2000]) and consists of three main considerations being size permanence and physical attachment to the land

- 10 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

35 RU 891276 Erection of stables for use as equestrian family unit with some boxes as calf pens pig rearing unit and isolation area (retrospective) Refused February 1990

36 An Enforcement Notice was served in March 1990 alleging the erection of an open sided barn the erection and construction of 8 stable boxes with tack room and the erection of 2 metre high fencing and gates and the creation of hardstanding An appeal against the Enforcement Notice was dismissed and the Notice upheld in January 2001 (The current owner of the site was not the owner of the site at the time the above Enforcement Notice was served)

37 RU 910536 Retention of 7 stables and tack room Refused July 1991

38 RU 950472 Erection of stable block comprising 6 stables and tack room following demolition of 3 existing stables Granted July 1995 It does not appear from the aerial photographs dated 1998 and 2003 which the Council holds that this permission was implemented

39 RU 060982 Proposed horse stables and open sand school with associated fencing security gates and fencing and 2 no x 8 metre high floodlights (additional plans received 290906) Refused November 2006

310 A Planning Contravention Notice was served on the owner of the site on 27 June 2008 The response from the ownerrsquos agent was received on 5 September 2008 In response to the Planning Contravention Notice the owner stated that the intended use of the whole site was for the purpose of dressage specialising in the treatment of horses with temperament problems and whilst recuperating from injury and illness and also restoring competition horses which had ldquobroken downrdquo

311 At the Planning Committee on 13 May 2009 Members resolved to take enforcement action against the unauthorised development taking place at the land to the rear of Southbeck The Notices were served on 5 November 2009 Two Enforcement Notices were served one relating to operational development and one relating to a material change of use

312 Prior to the Notices being served on 3 June 2009 under RU 090467 planning permission was sought for - Continuing use of land for Equestrian purposes including treatment of horses (incorporating change of use from agriculture to equestrian) and retention of buildings comprising stable block of 12 no x stables hay barn tack and feed stores a machinery store building a site office a wc block hardstandings parking area access fencing and sand school with 6 no x 6 metre high floodlights on poles Refused August 2009

313 The Enforcement Notices were appealed in December 2009 and were the subject of a Hearing in June 2010 Prior to the Hearing a further three planning applications related to the unauthorised development were submitted for determination These applications are detailed below

314 RU 100356 ndash Construction of a stable block comprising 6 stables tack room and hay barn together with associated access and hardstanding for private use only ndash Refused June 2010

315 RU 100357 - Retention of sand school (manege) (60m by 20m) for private purposes only ndash Refused June 2010 (subject to the operational development Enforcement Notice)

316 RU 100359 - Retention of existing storage building to house hay bedding and paddock maintenance machinery Refused June 2010

317 On the day of the Hearing in June 2010 the appeal against the material change of use notice was withdrawn In relation to the operational development Enforcement Notice the appeal was dismissed and the Enforcement Notice upheld The time limit for compliance with both Enforcement Notices was 6 February 2011

318 Following the expiry of the compliance dates for the Enforcement Notices the Councilrsquos Enforcement Section undertook several site visits and advised the site owner that it was not considered that the Enforcement Notices had been complied with in full Whilst evidence was being gathered by Officers to take forward a prosecution a further two planning applications were submitted by the site owner the details of which are below

- 9 -

319 RU 110769 - Retention of Hay barn for private equestrian use Refused 27 September 2011 (subject to the operational development Enforcement Notice)

320 RU 120218 ndash Prior approval for the proposed erection of 9 no stables In March 2012 the Council determined that prior approval was required for the proposal and prior approval was subsequently refused in April 2012

321 On 27 March 2012 the applicant was charged at the Magistrates Court with two offences of having failed to comply with the requirements of the two Enforcement Notices to which the owner entered guilty pleas Further site visits have been conducted subsequently and again there is further evidence of non-compliance with the Enforcement Notices

4 Unauthorised Development

41 The site owner has constructed 6 stable buildings each comprising a pair of stables (Plan at Appendix lsquoDrsquo) and moved two portacabins and a storage container (Plan at Appendix lsquoCrsquo) from the area of land covered by the Enforcement Notices to within the residential curtilage of Southbeck The extant Notices do not include land at Southbeck and accordingly the above described development constitutes a new breach of planning control

42 From previous investigations at the land to the rear of Southbeck it is understood that the storage container was used to store hay bales One of the portacabins contained wc facilities whilst the other was previously used as a site office It is not known whether the wc facilities are operational and there is no evidence to suggest that the office is currently operational Following investigations by the enforcement Officers it has been found that one of the stables closest to the boundary fence with Holly Lodge is being used as a tea making facilityrest room with storage of tack During the course of investigations those that have been using the stables have advised that they do not have access to wc facilities Accordingly from the investigations carried out it appears to Officers therefore that both portacabins and storage container are currently on site for storage purposes and are not being utilised by those people who are keeping their horses within the stables Furthermore from the site visits conducted it appears that there is no physical access between the stables and the location of the portacabins and storage container as what was the garden area of Southbeck has been subdivided by way of a close boarded fence and metal means of enclosure No planning permission has been granted for the storage of the two portacabins and storage container within the residential curtilage As the portacabins and storage container were moved into the residential curtilage of Southbeck during 2012 then the material change of the use of the land has not become immune from enforcement action

43 The stables located within the residential curtilage of Southbeck are the same stables that were previously located on land at the rear of the dwelling known as Southbeck to which the operational development Enforcement Notice served in 2009 and upheld at appeal in 2010 relates The stables have railway sleepers as floors as they did when located within the land to the rear of Southbeck The railway timbers are also subject of the operational development Enforcement Notice In considering the appeal against the operational development Enforcement Notice in 2010 the Inspector considered the stables to be lsquobuildingsrsquo within the definition set out in the Act Notwithstanding that the stables have since been relocated from their original position to the field east of the public footpath and then to within the rear garden of Southbeck The site owner in the past has previously given the view that the stables are portable However a number of factors lead Officers to consider that the stables despite having been moved still constitute operational development

44 Section 336 of the Town and Country Planning Act 1990 defines ldquobuildingrdquo as including any structure and erection and any part of a building as so defined but not plant or machinery comprised within a building The test for determining whether a structure is a lsquobuildingrsquo (ie operational development) is well enshrined in case law (Cardiff Rating Authority v Guest Keen Baldwinrsquos Iron and Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v Secretary of State for the Environment Transport and the Regions (No 2) [2000]) and consists of three main considerations being size permanence and physical attachment to the land

- 10 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

319 RU 110769 - Retention of Hay barn for private equestrian use Refused 27 September 2011 (subject to the operational development Enforcement Notice)

320 RU 120218 ndash Prior approval for the proposed erection of 9 no stables In March 2012 the Council determined that prior approval was required for the proposal and prior approval was subsequently refused in April 2012

321 On 27 March 2012 the applicant was charged at the Magistrates Court with two offences of having failed to comply with the requirements of the two Enforcement Notices to which the owner entered guilty pleas Further site visits have been conducted subsequently and again there is further evidence of non-compliance with the Enforcement Notices

4 Unauthorised Development

41 The site owner has constructed 6 stable buildings each comprising a pair of stables (Plan at Appendix lsquoDrsquo) and moved two portacabins and a storage container (Plan at Appendix lsquoCrsquo) from the area of land covered by the Enforcement Notices to within the residential curtilage of Southbeck The extant Notices do not include land at Southbeck and accordingly the above described development constitutes a new breach of planning control

42 From previous investigations at the land to the rear of Southbeck it is understood that the storage container was used to store hay bales One of the portacabins contained wc facilities whilst the other was previously used as a site office It is not known whether the wc facilities are operational and there is no evidence to suggest that the office is currently operational Following investigations by the enforcement Officers it has been found that one of the stables closest to the boundary fence with Holly Lodge is being used as a tea making facilityrest room with storage of tack During the course of investigations those that have been using the stables have advised that they do not have access to wc facilities Accordingly from the investigations carried out it appears to Officers therefore that both portacabins and storage container are currently on site for storage purposes and are not being utilised by those people who are keeping their horses within the stables Furthermore from the site visits conducted it appears that there is no physical access between the stables and the location of the portacabins and storage container as what was the garden area of Southbeck has been subdivided by way of a close boarded fence and metal means of enclosure No planning permission has been granted for the storage of the two portacabins and storage container within the residential curtilage As the portacabins and storage container were moved into the residential curtilage of Southbeck during 2012 then the material change of the use of the land has not become immune from enforcement action

43 The stables located within the residential curtilage of Southbeck are the same stables that were previously located on land at the rear of the dwelling known as Southbeck to which the operational development Enforcement Notice served in 2009 and upheld at appeal in 2010 relates The stables have railway sleepers as floors as they did when located within the land to the rear of Southbeck The railway timbers are also subject of the operational development Enforcement Notice In considering the appeal against the operational development Enforcement Notice in 2010 the Inspector considered the stables to be lsquobuildingsrsquo within the definition set out in the Act Notwithstanding that the stables have since been relocated from their original position to the field east of the public footpath and then to within the rear garden of Southbeck The site owner in the past has previously given the view that the stables are portable However a number of factors lead Officers to consider that the stables despite having been moved still constitute operational development

44 Section 336 of the Town and Country Planning Act 1990 defines ldquobuildingrdquo as including any structure and erection and any part of a building as so defined but not plant or machinery comprised within a building The test for determining whether a structure is a lsquobuildingrsquo (ie operational development) is well enshrined in case law (Cardiff Rating Authority v Guest Keen Baldwinrsquos Iron and Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v Secretary of State for the Environment Transport and the Regions (No 2) [2000]) and consists of three main considerations being size permanence and physical attachment to the land

- 10 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

45 In this instance the 6 stable buildings either in isolation or cumulatively are considered of considerable size An individual stable building mostly comprising of two stables are approximately 36m wide with an additional roof overhang in excess of 7m long with an approximate eaves height of 27m and height to ridge in excess of 4m The size of the stables has meant that when the stables have been relocated it has only been possible by way of mechanical assistance and has not been done within one calendar day

46 In consideration of the permanence test several factors have been taken into account and as a result the stable buildings are considered to satisfy the permanence test The stable buildings although it is acknowledged that they have previously been moved this was only as a way to seek compliance with the outstanding Enforcement Notices which relate to the land to the rear of Southbeck The stable buildings have only been moved twice previously since they were first erected The current location of the stables is such that they are within the rear garden area of Southbeck that is some 860sqm Whilst this figure discounts the area of the outbuilding in existence it does not discount the area taken up by the two portacabins and storage container on site thus there is in fact less than 860sqm available as garden area Given the size of the stable buildings when compared to the available garden space in which the stable buildings could be repositioned it is apparent that there would be limited if any scope for a reconfiguration of the stable buildings and as such Officers consider that as there would be no other position or room for the stable buildings to be moved within this garden area and this gives the stables a degree of permanence Furthermore the stables have floors made up of individual laid wooden railway sleeper timbers upon which the main frame of the stable buildings use as support Furthermore the stables are not comparable to portable field shelters which have their own stabilitystructural integrity which can easily be hooked up to the back of a vehicle and be moved around a paddockfield by one person to stop one location in the paddockfield being churned up by the horses

47 Lastly consideration needs to be given to the physical attachment of the stable buildings to the land In this instance the railway sleepers that form the flooring for the stables are laid on and have been partly sunk into the ground The stables buildings are connected to electricity to facilitate the operation of CCTV cameras lighting and tea making facilities

48 On balance having considered the information available Officers consider that the 6 stable buildings continue to comprise operational development

49 Having established that the stable buildings comprise operational development it is noted that stables are capable of being lawfully erected within the residential curtilage of a dwelling providing that they fall within Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 This Class requires the stables to be used only for purposes incidental to the enjoyment of the dwellinghouse and sets out a number of other limitations In this particular case given their scale and number and as they are being used by people unconnected to the residential dwelling on the site it is not considered that the stables are being used for purposes incidental to the use of the dwellinghouse Furthermore the stables also exceed the size limitations of Class E Therefore as the stables are operational development and they do not fall within the definition Class E development they require express prior planning permission No planning permission has been granted for the stables and a breach of planning control has therefore occurred The erection of the stables has occurred within the last 4 years and therefore is not immune from enforcement action

410 Following numerous visits to the site it is noted that the stables are being used by third parties not by the owner or occupiers of the Southbeck One of the stables is used as a teafood making facility for the owners of the horses thus further confirming that the users of the stables do not have access to the facilities provided in the dwelling at Southbeck Some or all of the owners of the horses are known to visit the site frequently to tend to the horses and for recreationleisure purposes More recently it is understood that one person is now keeping their horses within the stables and has assistance in keeping treating and using the horses for recreational purposes As the stables are not being used by the owner or occupiers of Southbeck for purposes incidental to the use of the dwellinghouse and given their scale and number it is considered that a further material change of use has also occurred on land by virtue of this equestrian use including but not limited to the use for liveries schooling and treatment of horses

- 11 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

411 In order to facilitate the erection of the stables within the rear garden area of Southbeck the rear boundary of the residential curtilage of Southbeck has been removed In addition a small section of the adjacent paddock immediately to the rear of the residential garden has been fenced off from the remainder of the paddock The fence used is a timber overlap fence There is now no boundary treatment along the rear boundary of the garden of Southbeck to distinguish it from the adjacent paddock land which is subject of the existing Enforcement Notices Given the position of the stables within the residential curtilage it is necessary to walk over the triangular piece of paddock land to access the stables As this piece of land is subject of the existing enforcement notices no further action is required

412 In summary the breaches of planning control are

The unauthorised erection of 6 stable buildings within the residential curtilage of Southbeck and

The unauthorised change of use of the land from residential use to a mixed use comprising residential use equestrian use including but not limited to use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and storage of two portacabins and a storage container

5 Consultation on the Unauthorised Development

51 The Environmental Protection Officer objects to the unauthorised development due to the potential for annoyance and negative impact on nearby neighbours resulting from

Noise - Users of the facility coming and going and while on site are likely to make excessive noise especially during the normal early morning visits There is also a possibility that noise from the horses kicking against the stable door will cause unreasonable noise for the neighbours

Odours - Even if the cleaning and storage of the stables and manure is well managed it is highly likely that some residents will be subjected to offensive smells in their gardenshomes Fumes from vehicles may be noticeable in residentsrsquo gardens

Lighting ndash If any artificial lights are or are going to be installed this could significantly annoy neighbours if incorrectly designed installed and managed

Insectsvermin - There is likely to be an increase in flies and vermin even if the site is well managed This has the potential to have a negative impact on nearby neighbours

The Councilrsquos Environmental Protection Officer advises that the location of the stables is inappropriate as far as proximity to residential premises are concerned

52 Recent site visits have been conducted by Officers in the Environmental Protection team and evidence of substantial rat infestation has been found Officers consider this to be as a result of a clear lack of management the condition of the stables the amount of accumulations on site and a suitable food source for the rats This matter is subject of a separate investigation under the powers available to the Environmental Protection team

6 Planning and Enforcement Considerations

61 The National Planning Policy Framework (NPPF) advises that effective enforcement is important as a means of maintaining public confidence in the planning system The decision as to whether or not it is expedient to take formal enforcement action is at the Local Planning Authorityrsquos discretion but regard must be had to planning policies and the circumstances of the planning breach

62 The main considerations are the appropriateness of the erection of the stable buildings the change of use in the Green Belt and its impact of on the openness and purposes of the Green Belt the impacts on the neighbouring residential amenities and character of the area and Landscape Problem Area Policies in the Local Plan that remain consistent with the National Planning Policy Framework (NPPF) will be relied upon The dismissed appeal against the Enforcement Notices served in respect of the land to the rear of Southbeck is also a material consideration

- 12 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

63 In respect of the Green Belt location of Southbeck paragraphs 79-92 of the NPPF are relevant The five purposes of the Green Belt are stated in paragraph 80 and paragraph 89 states that the construction of new buildings within the Green Belt are inappropriate development unless they fall within one of the exceptions listed in the paragraph Bullet point 2 of paragraph 89 of the NPPF states that the ldquoprovision of appropriate facilities for outdoor sport outdoor recreation and for cemeteries as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within itrdquo are one of the exceptions to inappropriate development However the NPPF does not further define the term ldquoappropriate facilitiesrdquo and if those facilities do not preserve openness and conflict with the purposes of the Green Belt then they could still be considered as inappropriate development This is a judgement for the Local Planning Authority to make based on all of the material planning considerations

64 Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations

65 Saved Local Plan Policy GB1 reflects the guidance contained in the NPPF and states that there will be a strong presumption against development that would conflict with the purposes of the Green Belt or adversely affect its open character Saved Local Plan Policy GB5 relates to outdoor sports and recreation facilities and re-iterates the previous wording in PPG2 Green Belts which has now been superseded by the guidance in the NPPF and therefore is not applicable Saved Local Plan Policy NE10 also identifies this area as a Landscape Problem Area where land has become fragmented and sporadic and untidy development have placed further pressure on the area Saved Local Plan Policy BE21 relates to horse developments and lists a number of criteria which are required to be met by all horse related proposals Criterion 2 and 3 state that consideration will be given to ldquoany adverse impact on the environmental character or landscape of the area including the possible over-use and deterioration of the site or adjoining landrdquo and ldquoany adverse impact on the residential amenities of nearby propertiesrdquo respectively It is therefore considered that saved Local Plan Policies GB1 NE10 and BE21 are consistent with the guidance contained within the NPPF and thus significant weight can be afforded to the requirements of these policies in addition to the policy guidance contained in the NPPF

66 The stable buildings container occupy a significant area of the rear garden of Southbeck Ruxbury Road is characterised by detached dwellings located in a linear form with the dwellings located towards the front of the plots The rear gardens slope away from the dwellings and are open in character The gardens provide a mature and attractive setting to the dwellings and form the transition from these to the open rural land to the rear The stable buildings are substantial in their scale depth massing and height and spread on the site The stable buildings spread from one side boundary to the other side boundary which adjoins the neighbouring garden at Holly Lodge It is clear that the number of stable buildings is in excess of what the garden area of Southbeck can accommodate for equestrian purposes The garden area of Southbeck is some 0086 of a hectare The British Horse Society Guidelines refer to a horse requiring 04- 06 hectares of grazing The garden area of Southbeck is therefore clearly not capable of accommodating up to 12 horses that may be being kept within the stable buildings and additional feed would be required

67 There is no evidence that the owner of the site is the owner of the horses From investigations carried out by Enforcement Officers it is understood that the horses on the site and using the land to the rear of Southbeck were owned by a group of females using the land and unrelated to the owner of the site During the course of the enforcement investigation a number of the occupiers of the site left taking their horses with them It is now understood that one female is occupying all of the stable buildings and has assistance in the keeping schooling and treatment of the horses owned by her On this basis it is considered that the use of the stable buildings is on a commercial basis but no evidence has been found to substantiate this at this time In any event the current site circumstances highlighted above amount to a material consideration that lead Officers to the view that the development is not the provision of an appropriate facility for outdoor sport or outdoor recreation in the Green Belt

- 13 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

68 In light of the above and the scale massing and spread of the development within the residential curtilage of Southbeck and its use unconnected to the occupation of Southbeck it is not considered that the facilities are appropriate in the Green Belt as required by the NPPF In any event the unauthorised development fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within it Openness can be viewed as the absence of development Therefore the presence of 6 stable buildings amounting to development must have an impact on openness Inappropriate development is by definition harmful to the Green Belt To this harm must be added the harm to the visual amenities of the Green Belt which is also a designated Landscape Problem Area resulting from the scale depth massing height and spread of the unauthorised development and the associated paraphernalia and activity It is considered that in this case the impact on openness one of the essential characteristics of Green Belts is detrimental to the fundamental aim of Green Belt policy It is not considered that there are any considerations (either in isolation or cumulative) which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm and thereby constitute very special circumstances In addition it is also considered that the unauthorised developments conflict with saved Local Plan Policies GB1 NE10 and BE21

69 The change of use of the residential land to a mixed use including storage is furthermore inappropriate development as it does not fall within one of the exceptions listed in paragraph 90 of the NPP The portacabins and storage container are considered unconnected to any equine use of the land By reason of the size of the portacabins and storage container their location within a garden area of some 860sqm it is considered that the development fails to maintain the openness of the land and detracts from its visual amenities and those of the surrounding rural landscape It is not considered that any very special circumstances exist which would outweigh the harm to the Green Belt by reason of inappropriateness and the other identified harm In addition it is also considered that this unauthorised change of use conflicts with saved Local Plan Policies GB1 and NE10

610 The NPPF advises that two of the core principles of planning is to ldquoalways seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildingsrdquo and to ldquotake account of the different roles and character of different areas promoting the vitality of our main urban areas protecting the Green Beltrdquo Paragraphs 56- 64 of the NPPF require good design for all development proposals and states in paragraph 64 that ldquopermission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functionsrdquo Given the proximity of the stable buildings to the shared side boundary with Holly Lodge and their scale depth number height and spread on the site it is considered that the stable buildings would be overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property by these neighbouring occupiers

611 In addition given the number of stables and their proximity to the neighbouring properties it is considered that by reason of the number of horses which could be accommodated and the comings and goings associated with their care and recreational use the stables give rise to noise and disturbance odours verminflies or other adverse impacts which is unneighbourly and adversely affects the amenities of the neighbouring occupiers The Councilrsquos Environmental Protection Team has received complaints regarding rats and an investigation is ongoing This matter is considered to be exacerbated by the use of the stables by persons other than the owners and occupants of Southbeck The Councilrsquos Environmental Protection Officer objects to the proximity of the stables to neighbouring occupiers for these reasons The unauthorised development is therefore contrary to the policy guidance in the NPPF and conflicts with the requirements of saved Local Plan Policy BE21

612 In light of the above assessment it is considered that the unauthorised erection of the stables and the unauthorised material change of use of the site from residential to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container in the Green Belt are all unacceptable in planning terms having regard to the guidance in the NPPF and those saved Local Plan policies which are considered to be consistent with the guidance in the NPPF Harm is being caused to the Green Belt and also the amenities of neighbouring occupiers It is not considered that any planning conditions could be imposed on any planning permission to overcome the objections identified above

- 14 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

613 The stable buildings have been erected during the past four years without planning permission and the material change of use of the land has taken place within the last ten years and therefore not immune from enforcement action Given the harm to the Green Belt neighbouring amenities and character of the area that has been identified Officers consider it necessary to seek authorisation for enforcement action to secure the removal of the stable buildings reinstate the residential use of the site and restore the land It is recommended that the time period for compliance be 3 months as this would give the owner of the site sufficient time to cease the unauthorised uses of the land including to re-house any horses stabled on the site or kept on the adjacent land and to remove the stables portacabins and storage container from the land

7 Council Policy

71 As detailed above the unauthorised developments conflict with the relevant saved policies in the Runnymede Borough Local Plan Second Alteration April 2001 The unauthorised developments are also considered to be in conflict with the Councilrsquos Draft Sustainable Community Strategy A Vision for Runnymede which seeks to maintain enhance and protect Runnymedersquos green environment

8 Resource Implications

81 If the Committee decide to take enforcement action and the applicant decides to exercise his right of appeal this case may be determined by a Public Inquiry although the appeal into the previous Enforcement Notices was dealt with by a Hearing Any Public Inquiry will incur costs which may require a supplementary estimate if the budgetary provision for such Inquiries is overspent

9 Legal Implications

91 As indicated above the owner occupier will be entitled to appeal the notice under section 174 of the Town and Country Planning Act 1990 provided that this right is exercised before the notice comes into effect An enforcement notice cannot come into effect until at least 28 days has passed from the date that it was physically served

92 Should the owner occupier exercise his right of appeal within the relevant timeframe the requirements of the enforcement notice will be suspended until the appeal is determined and will only then come into effect if the enforcement notice is upheld following that appeal

10 Human Rights Act 1998 Considerations

101 Members will be aware that the European Convention on Human Rights secures certain fundamental human rights The Human Rights Act 1998 came into force on 2nd October 2000 and enables individuals to invoke their Convention rights The Act makes it unlawful for a Local Authority to act in a way which is incompatible with a Convention right

102 The taking of planning enforcement action as recommended by this report and any subsequent legal action can amount to an interference with a personrsquos rights under Article 8 Article 8 of the Convention states

ldquoRight to respect for private and family life

Everyone has the right to respect for his private and family life his home and his correspondencerdquo

ldquoThere shall be no interference by a public authority with the exercise of this right except if such as is in accordance with the law and is necessary in a democratic society in the interests of national security public safety or the economic well-being of the Country for the prevention of disorder or crime for the protection of health or morals or for the protection of the rights and freedoms of othersrdquo

103 However such interference with Article 8 rights are permitted where the measures are

in accordance with the law and

- 15 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

necessary in a democratic society for (inter alia) the protection of the rights and freedoms others

In this case it is considered that that the enforcement action proposed by this report is in accordance with the Town and Country Planning Act 1990 and would be a proportionate response to the planning breaches that have occurred when balanced against the harm caused to the environment and the need to protect the wider public interest in this case through the preservation of the Green Belt

104 The proposed action may also in this case amount to an interference with rights under Article 1 of the First Protocol of the Convention

105 Article 1 of the First Protocol states

Protection of Property

ldquoEvery natural or legal person is entitled to the peaceful enjoyment of his possessions No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international lawrdquo

The preceding provisions shall not however in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions as penaltiesrdquo

106 Again it is considered that any interference with the Article 1 rights in this case would be justified and proportionate as such interference would be in the general interest namely the preservation of the Green Belt

11 Equality Implications

111 The Equality Act 2010 identifies 9 lsquoProtected Characteristicsrsquo (being age disability race ethnicity pregnancy and maternity religion sexual orientation sex gender reassignment and marriage civil partnership) Section 149 of this Act of provides that a public authority must when exercising a public function have due regard to the need to

a) eliminate unlawful discrimination harassment or victimisation

b) advance equality of opportunity between persons who share a Protected Characteristic and persons who do not share it

c) foster good relations between those who share a relevant Protected Characteristic and persons who do not share it

112 It is not anticipated that the recommendation will unduly impact disadvantage or discriminate against any individuals or groups who share a particular Protected Characteristic(s) when compared against those who do not share it

12 Conclusion

121 The decision as to whether or not it is expedient to take formal enforcement action is at the Planning Authorityrsquos sole discretion but regard must be had to planning policies and the circumstances of the planning breach The decision must not be unreasonable ie based on irrational factors taken without proper consideration of the relevant facts and planning issues or based on non-planning grounds

122 Members must fully and fairly balance the considerations referred to in this report when deciding to authorise any of the actions referred to in Section 6 to bring an end to the continuing breaches of planning control at this site

123 Members must take into account all the considerations material to this case On the one hand there is the likely distress and difficulties caused by the service of any statutory notices or the instigation of any proceedings and the convention rights of the landowner and his family On the other hand there is the significant harm to the Green Belt contrary to national and local planning policies which seek to protect the openness and visual amenities of the Green Belt

- 16 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

124 In view of the ownerrsquos refusal to comply with planning legislation Officers consider that formal action is necessary to secure a cessation of the breach of planning control

125 The Committee is requested to consider all the facts and the issues in relation to this case and determine whether further legal action is both reasonable compatible with the Human Rights Act 1998 proportionate to the legitimate aim being pursued and necessary to bring about the cessation of the continuing breach of planning control and prevention of further breaches of planning control A compliance period of 3 months is therefore considered appropriate

OFFICERSrsquo RECOMMENDATION that ndash

i) the Head of Corporate Governance and Assets be authorised to issue two Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 The first Notice (A) will be in a respect of a Material Change of Use of the Land without planning permission The second Notice (B) will be in respect of Operational Development without planning permission The Notices will require the landowners of the following

Notice A (Material Change of Use)

a) Cease the unauthorised change of use of the land from a residential use to a mixed use comprising residential use and equestrian purposes including but not limited to the use for liveries schooling and treatment of horses unconnected to themain residential property known as Southbeck and for the storage of 2 portacabins and a storage container

b) Remove the 2 portacabins and storage container (current approximate location indicated in Appendix lsquoCrsquo) along with any resultant debris from the land

Notice B (Operational Development)

a) Demolish and remove the unauthorised stable block(s) comprising 6 stable buildings (approximate location indicated in Appendix lsquoDrsquo) including the timber flooring and the removal of all the resultant materials debris and rubble from the site and the reinstatement of the land to grass

Compliance period 3 months for both Notices

Reasons for Issuing Enforcement Notices

Notice A (Material Change of Use)

1) The unauthorised change of use of the land from residential use to a mixed use for residential use and equestrian purposes including but not limited to the use for liveries schooling treatment of horses unconnected to the main residential property known as Southbeck and for the storage of 2 portacabins and a storage container constitute inappropriate development which does not maintain openness and has adetrimental impact on the visual amenities of the Green Belt and conflict with the purposes of the Green Belt and the designated Landscape Problem Area No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies contained in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

- 17 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

2) The unauthorised developments by reason of the scale of development and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

Notice B (Operational Development)

1) The unauthorised operational developments constitute inappropriate development within the Green Belt which is by definition harmful The proposed developments are not considered to be appropriate facilities having regard to the size of the site and the scale height depth and number of stables spread of development on the plot and their use by persons unconnected to the use of the site as a residential dwelling The unauthorised stables do not preserve the openness of the Green Belt and conflict with the purposes of the Green Belt and the stables and their use and activity are detrimental and harmful to the visual amenities of the Green Belt No very special circumstances exist to outweigh the harm caused to justify the granting of planning permission The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policies GB1 NE10 and BE21 of the adopted Runnymede Borough Local Plan Second Alteration April 2001

2) The unauthorised development by reason of the number of stables their scale massing and height depth spread of development and proximity to the shared garden boundary with Holly Lodge are overbearing and visually dominant and intrusive significantly affecting the outlook from this neighbouring property detrimental and harmful to the amenities and enjoyment of their property for these neighbouring occupiers contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

3) The unauthorised developments by reason of the scale ofdevelopment and their use by persons unconnected to the occupation of the dwelling at Southbeck give rise to an adverse impact on the environmental character of the area and deterioration of the site linked to the noise and disturbance odours verminflies which are unneighbourly and adversely affect the amenities of the neighbouring occupiers The unauthorised developments are contrary to the policies in the National Planning Policy Framework and saved Policy BE21 of the adopted Runnymede Borough Local Plan Second Alteration 2001

ii) The Head of Corporate Governance and Assets be authorised to take appropriate action namely prosecution under Section 179 of the Town and Country Planning Act 1990 in the event that the Notices are not complied with

(TO RESOLVE)

Background Papers

- 18 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 20 -

None 9 PLANNING APPLICATIONS DETERMINED BY DIRECTOR OF TECHNICAL SERVICES (DTS)

A list of planning applications recently determined by the Director of Technical Services under his delegated powers is attached at Appendix lsquoErsquo If Members have any particular matters they wish to raise prior notice to the Chairman would be of assistance

(FOR INFORMATION)

Background Papers

None

10 STANDING ORDER 42 ndash URGENT ACTION

The following action has been taken after consultation with the Chairman of the Committee under Standing Order 42

Officer Action Taken Central Index No

Corporate Head of Governance and Assets

Warren Yard Lyne Lane Lyne ndash Authority to also include a requirement to remove an unauthorised hardstanding in a previously authorised Enforcement Notice

768

Director of Technical Services Approval of short informal consultation process re Strategic Environmental Assessments) Sustainability Appraisal (SEASA)

769

(FOR INFORMATION)

Background Papers

Standing Orders 768 and 769 on Committee Section file

11 APPEAL DECISIONS

The Planning Inspectorate has recently determined the appeals mentioned below The appeal decision (b) is attached at Appendix lsquoFlsquo Appeal decision (a) is available for inspection in the Membersrsquo Room

SITE DEVELOPMENT DECISION

a) Erracht Treegarth Lyngby and Broomlea Woburn Hill Addlestone Surrey KT15 2QA ndash planning appeal against a refusal to grant planning permission to build 9 houses (3 x 3 bed and 6 x 4 bed) and 5 flats (1 x 1 bed and 4 x 2 bed) with parking and amenity space following demolition of 4 no existing dwellings (RU 110968)

DISMISSED

b) Walnut Tree Cottage Church Walk Chertsey Surrey KT16 8RE ndash planning appeal against a refusal to grant planning permission for the erection of two-storey side extension and canopy a single storey side extension with rooflights following the demolition of an existing extension the construction of dormers to the front and rear elevations incorporating gable end windows to create habitable accommodation in the roof space and alterations to fenestration (RU 120031)

ALLOWED

- 19 -

(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

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(FOR INFORMATION)

Background Papers

Appeal decisions

12 EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to consider any of the foregoing reports in private it is the

OFFICERSrsquo RECOMMENDATION that -

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraph of Schedule 12A of the Act

(TO RESOLVE)

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

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