Issue - meetings

RESOLVED

If a valid planning application is not received by 5pm, on 29 May 2026, an Enforcement Notice be issued under Section 172 of the Town and Country Planning Act 1990 to:

       i.          Cease using the land for educational purposes; and

      ii.          Remove from the land all the temporary tents and structures used in connection with the unauthorised educational use of the land.

The compliance period is 6 months.

In the event of the Notice not being complied with, within 6 months the Solicitor be authorised to take further action as necessary under Section 179 of the Act.

The Senior Planning Enforcement Officer referred to the agenda report and the information set out in the late representations document appertaining to the unauthorised use of the land.

It was noted that a previous application was refused, and a subsequent appeal was dismissed due to the objections from the Environment Agency because the site is in a high flood risk zone.

It was proposed by Cllr Nutley and seconded by Cllr Bradford that no enforcement action be taken.

The Climate, Coastal and Drainiage Manager reiterated that the previous application was refused, and a subsequent appeal was dismissed due to the objections from the Environment Agency because the site lies within a high flood risk zone. Flood Zone 3 includes risk to life. Additional risks included that education is classed as a vulnerable use, and the site is upstream of the Holbeam storage site. The Solicitor and the Head of Development Management also reiterated the risks associated with allowing the unauthorised use to continue. 

An amendment was proposed by Cllr Sanders and seconded by Cllr Williams that enforcement be agreed as set out in the agenda report but with a 3 month deferment until 5pm 27 February 2026 in issuing the notice to allow for a planning application to be submitted by 5pm 13 February 2026.

The vote was taken and LOST by 3 votes for and 4 against.

At this juncture the meeting was adjourned for a short comfort break.

The meeting reconvened.

A further amendment was proposed by Cllr Sanders, seconded by Cllr Nuttall as below and CARRIED by 4 votes for and 3 against.

RESOLVED

That if a valid planning application is not received by 5pm, on 29 May 2026, an Enforcement Notice be issued under Section 172 of the Town and Country Planning Act 1990 to:

      i.        Cease using the land for educational purposes; and

    ii.        Remove from the land all the temporary tents and structures used in connection with the unauthorised educational use of the land.

The compliance period is 6 months.

In the event of the Notice not being complied with, within 6 months the Solicitor be authorised to take further action as necessary under Section 179 of the Act.