Waverley Borough Council Home Page Waverley Borough Council Home Page


Waverley Borough Council Committee System - Committee Document

Meeting of the Central Area Development Control Sub Committee held on 04/12/2002
Agenda



NOTE FOR MEMBERS

Members are reminded that Contact Officers are shown at the end of each report and members are welcome to raise questions, etc. in advance of the meeting with the appropriate officer.
AGENDA
1. MINUTES

To confirm the Minutes of the Meeting held on 6th November 2002 (to be laid on the table half an hour before the meeting).

2. APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

To receive apologies for absence and to report any substitutions.

3. DISCLOSURE OF INTERESTS

To receive from members, in relation to any items included on the agenda for this meeting, disclosure of any interests which are required to be disclosed by Section 94(1) of the Local Government Act 1972 and in accordance with the Waverley Code of Local Government Conduct.

4. SITE INSPECTIONS

In the event of site inspections being necessary as a result of consideration of the applications before this meeting, these will be held on Thursday, 12th December 2002.

5. Applications for Planning Permission

To consider the reports at Schedules A, B and C attached. Plans and letters of representation, etc., will be available for inspection before the meeting.

6. PLANNING APPEALS

6.1 Appeals Lodged

The Council has received notice of the following appeals:-
6.2 Appeal Decisions
Background Papers (CEx)

Letters from the Planning Inspectorate dated 13th November 2002.

6.3 Inquiry Arrangements Background Papers (CEx)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

7. ENFORCEMENT ACTION - CURRENT SITUATION

The current situation in respect of enforcement and related action previously authorised is set out below:-

(a) Majorland Rew, Godalming Road, Loxhill, Hascombe (19.6.96 and 20.8.97)

To secure cessation of the use of the land for the stationing of residential caravans and as a contractor’s depot. Further Notices served relating to the barn, mobile home, playhouse and other matters. Appeals dismissed. Notice varied to allow retention of barn. Time for compliance expired 16.7.00 for most things. Offer of Council accommodation refused.

(b) Gochers Yard, Culmer Hill, Witley (11.3.98)

To secure cessation of the use of land adjoining Gochers Yard, Witley for commercial purposes and the removal of the unauthorised extension to the existing building. New Notice served on 27.09.02. Appeal lodged and to be determined by written representations.

(c) Croft Nursery, Hookley Lane, Elstead (15.12.99)

To secure the cessation of the unauthorised storage use on the site together with removal of the stored items. Enforcement Notice appeal dismissed, but notice varied to exclude dwellings. Lawful Development Certificate appeal dismissed. Notices came into effect 19.8.01. Further visit made and discussed with owner 5.8.02. Certain items removed but full compliance not yet achieved. Witness statement being prepared.

(d) Croft Nursery, Hookley Lane, Elstead (21.6.00)

To secure:

(a) The demolition of the unauthorised timber building and the removal of any demolition materials from the site.

Appeal against timber building dismissed. Enforcement Notice upheld. Compliance date 6.2.03 (1 year).

(b) The cessation of the use of the additional haulage area, removal of the hard standing and restoration of the land to grass.

Appeal dismissed and notice upheld in respect of additional haulage area. Compliance date 25.9.02.

(c) The cessation of the material change of use of the site from a use by three rigid lorries to a use by six lorries and three trailers.

Appeal allowed in respect of change of use of the site to a use by six lorries and two trailers.

(e) Wareham Brickworks, Haslemere Road, Brook (17.1.01)

To secure the cessation of the use of the land for the stationing of any mobile homes or caravans and vehicles or equipment connected with this use and also remove the articulated lorry trailer. Injunction given to secure the removal of the mobile homes or caravans and other items of residential occupation; and the prevention of further mobile homes/caravans or other unauthorised structures being brought on to the land. Enforcement Notice served. An application against refusal for temporary mobile home went to High Court on 18.12.01. One mobile home has been removed. Court Order made against planning refusal requiring the removal of the mobile home within 14 days of the dismissal of the appeal unless there was a valid challenge to the appeal decision by the appellant. The challenge of the Inspector’s decision has been referred to the court for a full hearing. Further enforcement of the injunction largely depends on the success of the Secretary of State in defending the Inspector’s decision in those proceedings.

(f) Cooper Clarke, Catteshall Lane, Godalming (23.5.01)

To secure the cessation of the breach of conditions. Correspondence with the owners, who have indicated that they intend complying with conditions. Substantial compliance achieved. Officers considering that no more material breach taking place on the land.

(g) Rockwood, Haslemere Road, Brook (18.7.01)

To secure the permanent removal of the extensions to the swimming pool building. Confirm extensions demolished, but base remains. Owner asked to remove base.

(h) 6 Hydestile Cottages, Hambledon Road, Hambledon

To secure the removal of the carport extension. Legal interests being established. Retrospective application received (WA02/0260). WA02/0260 withdrawn and another (WA02/1897) received which is under consideration.

(i) 45 Birch Road, Farncombe (12.12.01)

To secure the removal of the balcony which has been erected at the first floor of the rear elevation of the chalet bungalow. Legal interests being established. Legal Department considering further response from owner.
Enforcement notice drafted.

(j) Former Godalming Ford Garage Site, Woolsack Way, Godalming

Enforcement Notice served under delegated powers to secure the removal of the unauthorised retail business use of the premises. The requirements are to cease using the land for retail purposes and remove all items displayed for sale and ancillary equipment, including plants, plant pots, garden or gardening materials, display racking and advertising material. Notice effective on 6.9.02 and time for compliance is one month after that date. Owner granted Possession Order.

Background Papers (CEX)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report

8. QUESTIONS BY MEMBERS OF THE PUBLIC

The Chairman to respond to any questions received from members of the public of which notice has been given in accordance with Procedure Rule 10.

9. EXCLUSION OF PRESS AND PUBLIC

To consider the following recommendation on the motion of the Chairman:-

Recommendation

That pursuant to Procedure Rule 20 and in accordance with Section 1004(A) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt information (as defined by Section 1001 of the Act) of the description specified in the following paragraphs of Part 1 of Schedule 12A to the Local Government Act 1972, namely:-

Item 10

Any instructions to Counsel and any opinion of Counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with:-

(a) any legal proceedings by or against the authority; or

(b) the determination of any matter affecting the authority

Whether, in either case, proceedings have been commenced or are in contemplation). (Paragraph 12)

10. LEGAL ADVICE

To consider any legal advice relating to any applications in the agenda.
comms/central/2002-03/047 31881