Agenda item

To report to committee the results of investigations into alleged unauthorised camping and caravanning activities at Gibraltar Farm, which were a direct instruction from Council on 14 September 2011, and to make recommendations on how to secure resolutions to the harmful effects of the “intensification” of activity on this site.

The Head of Regeneration and Planning reported to the committee the results of investigations into alleged unauthorised camping and caravanning activities at Gibraltar Farm, which were a direct instruction from Council on 14 September 2011, and to make recommendations on how to secure resolutions to the harmful effects of the ‘intensification’ of activity on this site.

The committee was advised in detail of the background to the case, including the results of enforcement investigations carried out by officers, the existing uses at Gibraltar Farm, the alleged breaches of planning control, the basis for assessing whether it was expedient to take enforcement action, the enforcement and expediency considerations, and the results of consultations. 

Members were advised that this was a very complex case which involved land use impacts in the Arnside/Silverdale AONB which did not simply arise from a breach of planning control. There were also impacts which arose from the lawful use of Permitted Development Rights. Officers had sought to establish whether there was any common ground which could result in avoiding the need for enforcement action by the land owners entering into a voluntary agreement under Section 106 of the Town and Country Planning Act to self regulate the existing (and future) uses of the land in a manner acceptable to the planning objectives for the area.  It appeared that such an agreement would only be possible if the council agreed to accept seasonal pitches on the hill as well as on the rest of the touring site.

It was advised that the council needed to carefully consider the appropriate balances to be applied in this case between the overriding priority to protect the landscape and character of the Arnside/Silverdale AONB, and the aim where appropriate to facilitate local tourist activities.

Officer conclusions were set out in detail in the report and reflected in the recommendations. Members asked detailed questions regarding the report and officer recommendations and the Head of Regeneration and Planning provided answers accordingly.

It was proposed by Councillor Kay and seconded by Councillor Blamire:

“That the recommendations be agreed as set out in the report. With recommendations 3 and 4 to be pursued if the Section 106 agreement is not signed and completed.”

Upon being put to the vote members voted unanimously in favour of the proposition, whereupon the chairman declared the proposition to be carried.

Resolved:

(1)        That an enforcement notice be served against the construction of hard standings which result in the siting of caravans on a seasonal basis with a compliance requirement to remove the hard standings from the area to the north of the main access track.

(2)        That an enforcement notice be served against the use of the tent camping field as extended with a requirement to cease using the area extending into the fields beyond to the north of the access track.

(3)        That an order be sought under paragraph 13 of the first schedule of the Caravan Sites and Control of Development Act 1960 to remove camping and caravanning rights from exempted organisations in relation to all the land at Gibraltar Farm.

(4)        That the Head of Health and Housing be asked to use the representations made in this case about noise nuisance to consider as objections to any future applications for Temporary Events Licences at Gibraltar Farm.   

(5)        That recommendations 3 and 4 to be pursued if the Section 106 agreement is not signed and completed.  That any Section 106 Agreement to take into account the options for overflow camping under permitted development rights in the area covered by recommendation 2.