Planning Enforcement in Wales

Transcription

1 Planning Enforcement in Wales Presentation to POSW / RTPI Cymru 26 th September 2012 Seasonal Portacabins in the Countryside & Playing the System Liam Jones - Principal Planner (Development Management & Enforcement) liamj@pembrokeshirecoast.org.uk PEMBROKESHIRE COAST NATIONAL PARK AUTHORITY PARC CENEDLAETHOL ARFORDIR PENFRO

2 National Park Objectives Conservation and enhancement to conserve and enhance the natural beauty, wildlife, and cultural heritage of the National Park. Understanding and enjoyment to promote opportunities for the understanding and enjoyment of the special qualities [of the Parks] by the public. Sandford Principle Also a duty to foster the economic and social well-being of local communities

3 The Problem Tourism Vs. Impact upon visual amenity & environment

4 Case Study Porthclais Farm, St Davids

5 Site Location

6 Background February 2008 Complaint received - siting of portacabin shower/toilet facilities at site application requested no application submitted and structures removed September 2008 case resolved April 2009 Structures again erected on site - Retrospective application received in May 2009 Refused June 2009 on in principle landscape and design grounds structures removed September 2009 case resolved March 2010 Again erected on site - Enforcement action not instigated due to new planning application submitted for permanent facilities being considered Application approved in April 2011 structures removed case resolved

7 Background March 2011 Complaint received - siting of portacabin shower/toilet facilities at site application received in June 2011 application refused 8 th August th September 2011 Enforcement Notice Served 14 th September 2011 Portacabins removed from site

8 The Breach Without planning permission, the erection of toilet and shower portacabins

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13 Notice Requirements Permanently remove the portacabins from the land Time for Compliance: Two Months Reasons: detrimental impact on the special landscape character of the Pembrokeshire Coast National Park which the Authority has statutory duty to conserve and enhance Policy 15: Conservation of the PCNPA Policy 29: Sustainable Design Policy 30: Amenity Policy 40: Site Facilities on Tent, Chalet and Caravan Sites

14 Appeal Decision Appeal made against both enforcement notice and refusal of planning permission Both appeals dismissed and notice upheld

15 Appeal Decision Ground (b) appeal alleged not a breach Size, permanence & physical attachment Positioned in a predetermined position within an enclosure, close to services and connected Not intended to be moved Lifting apparatus Significant degree of permanence through weight Inspector agreed they resulted in a building operation and operational development

16 Appeal Decision Ground (a) Appeal Planning application Utilitarian and unattractive structures Not entirely screened by enclosure = caused significant visual intrusion harmful to attractive character of area, natural beauty and special qualities Provided facilities for the 2011 season which promoted public understanding and enjoyment of qualities but at the same time damaged the special qualities that are attractive to visitors

17 The Outcome Owner could not lawfully erect portcabins on site for the 2012 holiday season which prevented harm to the special qualities of the National Park Action prevented owner from continuously playing the system by applying for permission which was subsequently refused and ensured portacabins remained on site for the full season

18 Conclusions? Nip seasonal breaches in the bud

19 Conclusions? Don t hesitate and try to make an early commitment!

20 Portacabins usually held to be operational development as a building Size Permanence Physical attachment Conclusions?

21 Conclusions? Protect our countryside and special landscape from harmful development

22 Thank you Diolch yn Fawr Questions?