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From a Folkestone Council report 16 August 2005. This Report will be
made public on 8 August 2005
Report Number DC/05/08
Development Control Committee, 16 August 2005, J Stack. Director of
Regulatory Services
Subject: ENFORCEMENT OF PLANNING CONTROL - SITING OF A MOBILE HOME
SUMMARY:
This report considers the unauthorised siting of a mobile home on land
at the former “Welcome Stranger Public House”, Aldington Road, Court at
Street without planning permission. The mobile home has a detrimental
effect on the appearance of the area and enforcement action is
recommended. REASONS FOR RECOMMENDATION:
The Development Control Committee is asked to agree the recommendations
set out below because:- a) The mobile home is adversely affecting the amenity of the area. b) The mobile home will gain immunity from enforcement action if the
situation is allowed
to continue. RECOMMENDATIONS: 1. To receive and note Report DC/05/08. 2. That an Enforcement Notice be issued requiring the cessation of the
use of the land for the siting of a mobile home. 3. That the period for compliance be one month from the date of the
notice. 4. That the Director of Regulatory Services be authorised to take such
steps as are necessary including requesting legal proceedings be
commenced to secure compliance with the notice. 1.0 INTRODUCTION AND BACKGROUND 1.1 The site is located north of the B2067 Aldington Road and 50m west
of the junction with Harringe Lane, Court at Street. It measures 0.42
hectares in area. It is located in an Area of Outstanding Natural
Beauty. 1.2 The Welcome Stranger was formerly a public house, which has fallen
into a state of dilapidation over a number of years. The previous owner,
who was in poor health, placed a mobile home on the site and resided in
that until his death in the early part of 2004. Planning permission was
granted in 1959 (CH/8/59/274 refers) for the siting of one caravan but
in a different location within the curtilage. 1.3 The site has now been sold and a planning application (reference
Y05/0349/SH) for the erection of two detached dwellings and garages
following demolition of the existing building and removal of the mobile
home together with the formation of a new access was refused on 4th May
2005 and is the subject of an appeal. There would however be no
objection to the redevelopment of the site with an appropriate scheme
for residential development. 2.0 APPRAISAL 2.1 Policy RS5 of the Kent Structure Plan seeks to prevent residential
development in the countryside other than in the case of particular
exceptions. Policies ENV1, ENV3 and ENV4 seek to protect the countryside
for its own sake. Policies SD1, C01, COS and C04 of the Shepway District
Local Plan Review, Revised Deposit Draft seek to protect, conserve and
enhance the components of natural beauty and landscape character of the
Kent Downs Area of Outstanding Natural Beauty. 2.2 The continued siting of the mobile home would be contrary to the
above policies in that it would result in an inappropriately sited unit
of residential accommodation outside the built confines of any
settlement and would be detrimental to the visual amenities of the area,
a designated Area of Outstanding Natural Beauty where the overriding
consideration is conservation and enhancement of natural beauty 3.0 CONCLUSION 3.1 Any future application for the development of this site is by no
means guaranteed and without such development or formal action the
mobile home would remain in situ and eventually be immune from
enforcement action. In view of the detrimental effect of the continued
siting of this mobile home it is now considered appropriate to issue an
Enforcement Notice requiring the cessation of this use. 4.0 LEGAL/FINANCIAL AND OTHER CONTROLS/POLICY MATTERS 4.1 Legal Officer's Comments (JG) The report complies with the legal process. 4.2 Finance Officer's Comments (GW) Currently no financial implications to consider. 4.3 Diversities and Equalities Implications In reaching a decision on the appropriate action, the European
Convention on Human Rights must be considered. The Convention rights
that are relevant are Article 8 and Article 1 of the First Protocol. The
proposed course of action is in accordance with domestic law. As the
rights in these two articles are qualified, the Council needs to
balance the rights of the individual against the interests of society
and must be satisfied that any interference with an individuals rights
is no more than necessary. It is not considered that there is any
infringement of the relevant convention rights if the proposed course of
action is followed. 5.0 CONTACT OFFICERS AND BACKGROUND DOCUMENTS Councillors with any questions arising out of this report should contact
the following officers prior to the meeting S Brown |
