Minutes:
Members received the report of the Head of Regeneration and Policy to update Committee on the results of ongoing investigations into camping and caravanning activities at Gibraltar Farm, which had been the subject of a petition to Council on 14th September 2011.
It was reported that the petition had complained about errors made by the Regeneration and Policy Service with the issuing of a Certificate of Lawfulness for a seasonable caravan site at Gibraltar Farm and made allegations about other breaches of planning control relating to camping and caravanning activities on the site. The Council had been asked to ensure that its officers continued to investigate those complaints, even though the site owners had successfully rebutted the Council’s efforts to correct the error relating to lawful use.
Council had resolved that the Heads of Regeneration and Policy & Health and Housing be instructed to conduct a detailed investigation into the allegations of unlawful activity at Gibraltar Farm and, in consultation with the Head of Governance, to consider the expediency of the case for enforcement or other regulatory action under the Planning acts and other associated legislation, having regard to the impacts on the landscape and amenities of the Arnside/Silverdale AONB, the amenities of local residents and any other material considerations.
It was reported that the Council, as local planning authority, had a duty to investigate alleged breaches of planning control in line with national policy on the enforcement of planning control (PPG 18). The aim of such investigations was to consider whether there was a breach and, if so, whether it was expedient to take enforcement action. Clear evidence of harm, which was defendable at appeal, had to be identified. The Council had to maintain its impartiality when investigating enforcement matters and act in the wider public interest and not simply support the interests of either party in dispute.
Members were advised that the complainants and the landowners had accused the Council, in writing, of acting in a biased manner. Both accusations were completely unfounded, as the Council had pursued only the wider public interest. The objectors had asked Council officers to consider whether there was merit in trying to reach a negotiated settlement with the landowners to try to achieve a resolution to the amenity impacts, which they said were harming the living conditions of local residents and the amenities of the Arnside/Silverdale AONB. Because of the complex nature of the case in terms of planning law, it was being handled by the Head of Regeneration and Policy and the Assistant Head.
It was reported that the landowners had provided the Council with a comprehensive description of what they record as the uses they have undertaken on the site and had identified those activities on a plan of the site. They had indicated a willingness, in principle, to enter into a negotiated settlement and had indicated areas where they had been prepared to self-regulate their use of the land. Officers had discussed the claims made with the objectors to look for areas of common ground.
Members were advised that steps would be taken to assess the planning and enforcement merits of the various claims in detail and to discuss them with an external advisor with a specific expertise in complex enforcement law. In the meantime, the aim would be to continue to discuss the claims of lawful rights with local objectors and consider the self-regulation identified by the land owners to see if there was scope for agreement between the parties to find compromise.
It was proposed by Councillor Blamire and seconded by Councillor Johnson:
“(1) That the progress made on the investigation be noted.
(2) That a recommendation on the matter be referred to the Committee for decision.”
Upon being put to the vote, 16 Members voted in favour of the proposition, with 1 abstention, whereupon the Chairman declared the proposal to be carried.
Resolved:
(1) That the progress made on the investigation be noted.
(2) That a recommendation on the matter be referred to the Committee for decision.