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A449 - Planning Application 09/00809/FUL |
Summary of Unlawful Development of the Field on the west side of the A449 sandwiched between the main Railway Line and the road just to the south of Penkridge -
Planning application 09/00809/FUL
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High Court
Injunction 2 Nov. 2009 -
Refusal Notice for Application for Caravan Site
for historic information - page down
Information in relation to application no. 09/00652/COU – Land off Wolverhampton
Road, Penkridge
Further Documents relating to the Appeal which must be read before submitting comments - extra docs - inquiry date - timetable
APPEAL INQUIRY WILL BE HELD AT THE MONCKTON RECREATION CENTRE, PINFOLD LANE, PENKRIDGE, AND WILL COMMENCE AT 10AM ON 14 SEPTEMBER 2010
High Court Hearing 10 May 2010
At the High Court in Birmingham the Council today renewed the injunction existing on the land off the A449 which has been the subject of an illegal traveller site. The injunction was due to expire on 10th May 2010.
An appeal has been made to the Planning Inspectorate against the Council’s decision to refuse planning permission dated 29th January 2010.
The injunction is in the same terms as before namely it prevents further building operations in connection with creation of hard-standing to make a caravan site and prevents any further caravans coming onto site. Breach of the injunction can amount to Contempt of Court. The potential punishment for Contempt of Court includes prison.
The injunction allows the existing caravans currently on site to remain there and to be occupied by the persons currently occupying them but no-one else.
The injunction preserves the planning position and lasts until the planning appeal process has been completed. If the application is refused by the Planning Inspectorate then the Council will need to make a separate application for an injunction to remove the existing occupants.
David Pattison – Director of Legal, South Staffordshire Council, Codsall – 10 May 2010 (pdf file of official notice)
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History relating to this development
1989 -1993
The Green Belt Agricultural land was sold by a local farmer to Mrs Winter in 1989 and others – who then set up the (unlawful) Gypsy Caravan site (as described in the Appeal documents)
A retrospective planning application was made – failed – and was appealed.
The appeal failed – and a Planning Enforcement Order and a High Court Injunction was issued - clearing the field and making it a criminal offence to re-occupy with caravans.
Aug 2009 (20 years later)
The activity in the field started by removing the grass and topsoil in the week prior to Bank Holiday Mon 31st Aug 2009.
Residents contacted the PC, SSC, District Councillors and the MP – during the same week!
On Sat 29th Aug hardcore was laid and caravans appeared.
A retrospective Planning Application was deposited with SSC Fri 28th Aug 2009 – but never validated.
The SSC were reminded that Court Action had taken place in 1991/3 – which should still be valid.
The land ownership appears to have changed to Mr Lee (Land Registry 8 Sept 2009) and others.
During September work was carried out in the field - more hardcore and Mobile homes appeared.
Continued dialogue of residents with PC, SSC, District Councillors and the MP.
25 September 2009
– SSC issue the Enforcement Notice – relating to the issue of the previous Notices of 1990.
October 2009
- Still more activity on the field – more grass and soil scraped up and piled up over fences and trees on the A449 verge. More hardcore and Caravans moved onto field.
- PC meeting 8 Oct – well attended and much said in public participation.
- 14 Oct SSC issue information sheet on Planning Position – Barristers say the 1990 Notices are still valid - notice of High Court hearing on 2 November 2009.
November 2009
- 2 Nov - High Court injunction obtained by SSC limiting 10 Caravans on field until the outcome of the Planning Applications – and to a further hearing on the 10 May 2009.
- 3 November - 2nd retrospective Planning Application made.
- The application was validated 6 Nov 2009 – although there were several matters in the application which were not clear and inconsistent – such as:-
1. There is a conflict of information in the application documents shown on the SSC website Form - item 1 no address of applicant - item 3 describes the change of use as a residential caravan site - proposals as 21 caravans - no mention of how many plots.
2. The description of the proposal on the SSC website says 12 plots for 12 gypsy households with 23 caravans. The design and access statement states Plot 1 with 7 caravans (all of the same household?). There are 7 remaining plots. This equates to a total of 8 plots? Which is correct?
3. Item 11 in the forms states 2 x 11 vehicle spaces (22 spaces – no positions of spaces are shown on the site plans.).
4. The site location plan shows a total of 9 plots although not numbered. Plot 1 with 7 caravans and 2 amenity blocks. With 8 other plots with 2 caravans –but no amenity blocks. How many plots will be used for council tax purposes?
5. Item 7 there is no provision for the disposal of waste.
6. Item 16 – there are hedges and trees on and around the site. There is evidence of soil being tipped around trees on the highway land adjacent to the site. No action appears to be taken to remove this. There are no details of future landscape and screening proposals – from both the road and the railway.
7. Item 12 – no location shown for cesspit - nor any information of future management strategy.
8. Item 15 – the existing use is agricultural in the green belt. It cannot be described as development which is unauthorised – since this has only recently happened.
9. The red line to the boundary may be incorrect – the site includes land owned by Rail Track
10. Item 22 – the site area may be incorrect.
11. Item 23 – there may be metal recycling activity on the site – some members appear to be scrap dealers.
12. Item 24 – hazardous materials – it was reported that an Asbestos decontamination unit was on the site – now removed.
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Certificate A is submitted –
Certificate B should be submitted if other owners are involved
February 2010
- The 8 week period for SSC consideration expires on the 5 Feb 2010.
REASONS FOR REFUSAL (opinion)
- The main reasons why the application should be rejected are as follows:-
1. It is Green Belt Land – it is good agricultural land. It should be protected from any development. The application does not show enough evidence to consider a variation of its use to Residential Development.
2. The access is not safe – there are 22 potential vehicle movements into what is a field access. The A449 here has the national speed limit of 60mph. There are no right hand turning facilities from the north. There are no footpaths on the west side of the road.
3. It is outside the village envelope.
4. It is in a high profile position at the southern entrance to the village.
5. The visual intrusion of the open countryside will be compromised.
6. The use of this land as a caravan site is inappropriate because :-
a. There is insufficient space to accommodate adequate screening, spacing of units, provide safe vehicle movements, and ensure adequate health and safety for the occupiers of any proposed residential properties.
b. The applicants have not demonstrated that they have sought to find adequate sites that are not in green belt – (the SSC have invited applications from people with land which may have development potential – some hundreds of replies are shown on the SSC website)
c.
The applicants have indicated that
the proposals would be mainly for family members. If this were to succeed then
there is no reason why such developments should not be allowed for any family
with enough land around them to accommodate their children and families in a
similar manner.
29 January 2010 - Official
Refusal Notice for Application for Caravan Site south of
Penkridge