Agenda item

To update the Planning Committee on caravan and chalet sites occupancy including the result of planning and enforcement appeals as to planning breaches relating to occupancy conditions in Point Clear Bay and to secure support to progress further enforcement action.

Councillor White declared a personal interest in item A.1 CARAVAN/CHALET SITES OCCUPANCY RESTRICTION due to being the Ward Member. He was not pre-determined.

Cabinet received a report on 13th December 2013, which outlined the outcome of an initial review of seasonal occupancy restrictions on holiday parks/homes across the district.  Cabinet supported an on-going review and made recommendations as to its progress. 

Cabinet received an update at its meeting in June 2014 on each of its previous recommendations including

• liaison with the Environment Agency to understand flood risk issues on a site by site basis;

• working with the sites’ owners and operators and individuals affected to improve emergency planning procedures;

• analysis of appeal decisions; and

• monitoring of compliance with conditions on sites in Tendring district.

Decisions relating to planning enforcement come within the terms of reference of the Planning Committee and subsequently, a further report was presented to the Committee on 2 February 2016 detailing the outcome of the review at that time.  The Planning Committee resolved that it:

1. Notes the outcome of the review, including the monitoring of sites and the potential breaches of planning controls that have been identified;

2. Supports the principle of seeking voluntary compliance with planning controls relating to holiday caravan and chalet occupancy, and where this is not successful to serve Planning Enforcement Notices, giving priority to breaches at Point Clear Bay, Clear Springs and Bel Air; and

3. Receives an update report in relation to this enforcement action early in 2017.

In accordance with this decision, work has continued and this report provides updates on:

• Action taken to resolve breaches at Clear Springs, Point Clear Bay and Bel Air through voluntary compliance;

• Formal action taken at Clear Springs and Point Clear including the outcomes of appeals against enforcement notices.

And the report seeks agreement to:

• Undertake further monitoring of compliance at caravan and chalet sites.

An update sheet had been circulated to the Committee prior to the meeting with details of:

(1)  Report of the Assistant Director Planning - To update the Planning Committee on caravan and chalet sites occupancy including the result of planning and enforcement appeals as to planning breaches relating to occupancy conditions in Point Clear Bay and to secure support to progress further enforcement action.

At the meeting, an oral presentation was made by the Council’s Assistant Director, Planning (GN) in respect of the application.

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Placey and RESOLVED, that the report be agreed subject to the below recommendations:

Recommendations:

1. Notes the contents of this report, and the action taken to date;

2. Requires the Assistant Director Planning to formally write to each of the Appellants for Point Clear proceedings, as soon as possible to confirm the outcome of their appeal and where compliance with the Enforcement Notice is still required, the date by which this takes effect; and

3. Supports the carrying out of further planning enforcement investigations as necessary at other sites with other winter occupation restrictions in areas at high risk of flooding and where voluntary compliance cannot be achieved, taking formal action as necessary.