Location

Land at Five Acres, St. Hilary, CF71 7DP

Proposal

Without planning permission, the construction of an unauthorised building and decking structure in the approximate location outlined in blue on The Plan and its occupation for residential purposes.

Easting

-

Northing

-

Type

Enforcement appeal

Enforcement Ref

ENF/2022/0192/PC

Related Planning Ref

-

Appeal Method

WR

Committee Date

-

Committee/Delegated

Committee

PI Decision Date

19/09/2023

PINS Reference

CAS-02553-Q5J6P6

Appellant

Miss Jo-Anne Watts

Agent

Brian Griffin

Appellant Address

Land at Five Acres, St. Hilary, CF71 7DP

Agent Address

Brian Griffin P & CC Limited The Cottage Green Bottom Littledean Glos

Parish

-

Ext Inspector

R. Jenkins

Ward

-

Appeal Officer

Marc Stephens

Decision

ENF appeal DISMISSED

Decision Date

27/06/2024

In Abeyance

-

Source of Decision

I

Costs Awarded

Application Made By

Council

-

Appellant

-

Costs Awarded To

Council

- -

Appellant

- -

No Consultations found for this Application

No Attachments found for this Application

Appeal Start

16/10/2023

Questionaire Sent

19/10/2023

Questionaire Due

23/10/2023

Statement Sent

13/11/2023

Statement Due

13/11/2023

Proofs Sent

-

Proofs Due

-

Inquiry / Hearing

-

Old Inquiry / Hearing

-

Venue

-

Available From

-

Site visit

03/05/2024

Duration

-

A

-
-

B

-
-

C

-
-

D

N
-

E

N
-

F

Y
EFD

G

Y
EFA

H

N
-

I

N
-

J

Y
EFD

K

Y
EFA

Variations to Notice

The Enforcement Notice is varied by: • the deletion of the words set out at Section 6 of the Enforcement Notice in their entirety; and • their substitution with the following words: 12 months, beginning with the day on which the Notice takes effect.

Enforcement Notice Reasons

(1) It appears to the Council that the above breach of planning control consisting of the construction of a building and decking structure and its occupation for residential purposes has occurred within the last 4 years. (2) The siting of a building and decking structure and its use for residential purposes on agricultural land in this case is considered unjustified and unacceptable in principle by virtue of it not forming part of a rural enterprise, and the fact the dwelling is unsustainably located in the countryside, only accessible via rural lanes, with no safe pedestrian or public transport links within a short and reasonable walking distance. Occupants are heavily reliant on the use of private cars and the development contributes to the dispersal of dwellings in the countryside, placing additional pressure on the Council to provide services and facilities in isolated locations. The replacement of the former agricultural outbuilding with the dwelling has also given rise to the need for replacement means of storage for agricultural equipment and items stored on the land. There has also been no opportunity to require any biodiversity enhancement measures in the absence of an application and no financial contribution has been made to satisfy the need for affordable housing in the rural Vale. In the event action is not taken and the dwelling becomes lawful after 4 continuous years of occupation, it would not be possible for the Council to obtain an affordable housing contribution, despite the identified need and that a sum of £26,540.80 should have been paid. (3) By virtue of the unsustainable location, visual impact, the loss of good quality and versatile agricultural land, and that there has been no biodiversity enhancement measures or affordable housing contribution paid to the Council, the development is considered contrary to the aims of Policies SP1 – Delivering the Strategy, SP4 – Affordable Housing Provision, MG4 – Affordable Housing, MD1 – Location of New Development, MD7 – Environmental Protection, MD9 - Promoting Biodiversity, and MD12 – Dwellings in the Countryside of the Vale of Glamorgan Adopted Local Development Plan 2011 – 2026, as well as the Council’s Supplementary Planning Guidance on Affordable Housing, Design in the Landscape, and Biodiversity and Development, Planning Policy Wales (Edition 10, 2018), Technical Advice Note 6 – Planning for Sustainable Rural Communities (2010) and Technical Advice Note 12 – Design (2016). (4) It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well Being of Future Generations (Wales) Act 2015.

Ground Letter Text

Ground (f) The steps required to comply with the requirements of the Notice are excessive Ground (g) That the time given to comply with the Notice is too short

Fee payable

-

Fee Due

-

Fee Due By

-

Fee Paid

-