Enforcement notice - 19/00125/PPU
Important - This communication affects your property
Town and Country Planning Act 1990 (Section 172) As Amended by the Planning and Compensation Act 1991
Enforcement notice - 19/00125/PPU
Served by: North Northamptonshire Council
To: The land at the East side of Fotheringhay Road, Nassington
1. This notice
is issued by the Council because it appears to them that there has been a breach of planning control, within paragraph (a) of section 171A (1) of the above Act, at the land described below. They consider that it is expedient to issue this notice, having regard to the provisions of the Development Plan and to other material planning considerations. The Annex at the end of the notice and the enclosures to which it refers contains important additional information.
2. Land to which this notice relates
The land at the East side of Fotheringhay Road, Nassington. Shown edged in red on the plan.
3. The matters which appear to constitute a breach of planning control
The alleged breach of planning control is the change of use of the Land from agricultural use to residential use, including the mooring of a residentially used boat, the siting of a residentially used Showmans caravan, the storage of boats and the creation of intimately associated operational development (summerhouse, shed, kennel, hardstanding), without planning permission.
4. The reasons for issuing this notice
It appears to the Council that the breaches of planning control, material changes of use and integral operational development were carried out within the last 10 years, in terms of the residential use, non-agricultural storage and the long-term residential boat mooring, without planning permission.
It also appears to the Council that the breaches of planning control operational development were carried out within the last 4 years, in terms of the wooden summerhouse, eco shower and siting of a Showmans caravan without planning permission.
The Council considers it expedient having regard to the provisions of the development plan and to all other material considerations to issue an Enforcement Notice pursuant to Sections 172(1) of The Town and Country Planning Act 1990 (as amended) to remedy the breaches of planning control for the following reasons:
The development is located in open countryside in a location which is not supported by the development plan in principle. Whilst the site is surrounded by trees and vegetation, it is bordered by a public footpath (The Nene Way) and is therefore highly visible from the river and the opposite river bank. Prior to the mooring of a residentially used boat, the siting of a residentially used caravan and the implementation of the moorings, hard landscaping and other structures on the site (e.g. shed, summerhouse, eco shower etc), it was an open agricultural field and river bank. The various structures, mooring of a residentially used boat, siting of a residentially used Showmans caravan hard landscaping (e.g. patio, parking area etc) and associated mooring engineering works (e.g. boardwalk, platforms, poles etc) and domestic paraphernalia (e.g. tables, chairs assorted piles of scrap and rubbish etc) have a cumulative effect that is incongruous to the countryside setting of the agricultural field and river bank, which cause a detrimental impact to the visual amenity and character of the area. Therefore the use and operational development cause detrimental visual harm and is contrary to paragraph 127 & 170 of the NPPF (2019) and Policy 3, 8 & 11 of the North Northamptonshire Joint Core Strategy (2016), which seek to direct development to appropriate locations and protect the character and amenity of the countryside.
The occupiers have not demonstrated to the Council that a suitable means of foul drainage has been provided to serve the residential use and have not provided any evidence of consideration of connection to foul drainage and why this would not be feasible. The development is therefore contrary to Policy 5 f) of the adopted North Northamptonshire Joint Core Strategy 2016.
Notwithstanding the flood risk assessment of the refused planning application 17/00653/FUL for the “change of use from agricultural land to permanent residential boat moor, river access and domestic land use”, the current scheme is materially different with the additional siting of a showmans caravan, summerhouse and composting toilet, none of which have been assessed. The Land lies mainly within Flood Zone 2 & 3 (an area with a high probability of river or sea flooding), so is highly vulnerable to flood risk. It has not been demonstrated to the Local Planning Authority how the residential use and all the associated structures etc will affect the flood risk (via a Flood Risk Assessment); how the various uses have met the sequential or exception test; if a suitable Emergency Evacuation Plan is in place; and suitable supporting on-site residential infrastructure. The Land and access are located in a high-risk flood area which is vulnerable to being cut off, so would be harmful to the amenity of the moorings occupants/users and the quality of the water environment from associated structures and paraphernalia. It is therefore considered that the unauthorised residential use and structures are contrary to Policy 5(a & b) of the North Northamptonshire Joint Core Strategy (2016) and NPPF (2019) paragraphs 155, 158, 159, 160 & 163, which requires development to avoid high and medium flood risk areas.
The Council does not consider that planning permission should be given, because planning conditions could not overcome these material planning objections to the development.
5. What you are required to do
- Cease the residential use of the Land marked by a Red boundary on the attached Site Plan and revert the land to its authorised agricultural use and/or for incidental mooring in the course of navigation.
- Cease the use of the Land for the storage of items (e.g. boat shown in photograph AP6 Appendix A) and materials, other than for the purpose of agriculture, removing these from the Land.
- Remove the Showmans caravan from the Land (shown in photograph AP1, Appendix A).
- Remove all structures not related to the agricultural use, including the kennels, shed, summer house and eco shower (shown in photographs AP2-4, Appendix A), and return the Land to its condition prior to the development.
- Remove all hard surface areas at the Land including the track, hard surface parking area and patio (shown in photographs AP3 & AP5, Appendix A), and return the Land to its condition prior to the development.
- Remove all resultant debris from steps 1 to 5 from the Land.
6. Time for compliance
A compliance period of 6 months for completion of all the steps in paragraph 5, from the day on which this notice takes effect.
7. When this notice takes effect
This notice takes effect on 28 June 2019 unless an appeal is made against it beforehand.
Date: 21 May 2019
Signed: Roz Johnson, Planning Development Manager
On behalf of:
North Northamptonshire Council
Nominated Officer: Kevin Murphy, Planning Enforcement Officer
Your right of appeal
You can appeal against this notice, but any appeal must be received, or posted in time to be received, by the Secretary of State before the date specified in paragraph 7 of the notice. You can appeal online or by post using forms available from The Planning Inspectorate. Please read the guidance notes regarding making an appeal.
If you want your appeal to be considered under ground (a) you must pay a fee. The current fee is £924
What happens if you do not appeal
If you do not appeal against this enforcement notice, it will take effect on the date specified In paragraph 7 of the notice and you must then ensure that the required steps for complying with it, for which you are held responsible, are taken within the period(s) specified in paragraph 6 of the notice. Failure to comply with an enforcement notice which has taken effect can result in prosecution and/or remedial action by the Council.
You should be aware that the Council has a policy of applying for an award of its costs against appellants whenever appropriate.
Last updated 19 July 2023