Latest update - 28 February 2025
Following the refusal of the planning application the Council has reminded all landowners and occupiers of the requirements of the Injunction and Enforcement Notice and has set out how those requirements should be met. Whilst not seeking to prejudice any future legal steps that may need to be taken, the Council would like to make it clear that in line with the Council’s Planning Enforcement Strategy and Development Plan, we’ll continue to proactively deal with breaches of planning control and seek appropriate remedies.
Previous updates
26 February 2025
The Council has determined Planning Application 20241164 and the planning application has been refused. This decision can be viewed on Planning Access.
24 February 2025
On Friday 21 February, the Council was made aware of further works taking place at White Post Lane, Sole Street on land which is subject of planning application 20241164, an Enforcement Notice upheld by the Planning Inspectorate on 11 February, and a High Court injunction.
The Enforcement Notice gives the owners and occupiers of the land 12 months to comply with the requirements of the Council.
Working with partner agencies, notices have been served today (24 February) requiring the owners and occupiers to cease all works immediately.
Where development is unacceptable and action is justified and in the public interest, we will use our formal enforcement powers to remove unauthorised development.
Where we have issued a formal enforcement notice that sets out the steps needed to rectify the breach and the timeframe, it is an offence to ignore that notice once it comes into force.
We take such matters seriously and will seek prosecution for non-compliance with an Enforcement Notice, including recovering costs incurred.
While we understand the concerns of local residents, there are strict legal procedures we must follow which mean enforcement cases can often take significant time to resolve.
However, while acting within those legal restrictions, we do seek to resolve matters as swiftly as possible.
Further updates to follow.
13 February 2025
The Council, as required to by national Government is in the process of determining planning application 20241164 for the use of the land to form a gypsy/traveller site comprising the siting of 1 mobile home, 1 touring caravan, and 1 dayroom.
Residents and stakeholders are reminded that they can make comments on this application using the planning portal. The consultation closes on the 19 February 2025 and a determination is expected towards the end of February 2025.
It is important that this planning application is determined with the appropriate due process, taking into account all material planning considerations and the comments received through the consultation process.
On 11 February 2025, the Planning Inspectorate issued a decision in relation to the appeal made against an enforcement notice issued by the Council on 2 August 2023. This decision can be found on the Planning Inspectorate's website.
The Planning Inspectorate decision means that the Enforcement Notice has been upheld, and the owner(s) and occupier(s) of the land to which the Enforcement Notice applies, have 12 months from 11 February 2025 i.e. by the 11 February 2026 to comply with the requirements of the Enforcement Notice.
The requirements of the decision issued by the Planning Inspectorate, and thus the Enforcement Notice are now as follows;
- Remove from the Land the unauthorised mobile homes and the touring caravans, including all associated hardstanding and hardcore that has been laid to facilitate the unauthorised use
- Remove from the Land any vehicles, and paraphernalia associated with the unauthorised use
- Demolish and remove from the Land all buildings and structures associated with the unauthorised use
- Remove from the Land all lighting, CCTV/security cameras associated with the unauthorised use
- Remove in its entirety the brick-built wall adjacent to the highway known as Whitepost Lane and reinstate the previous wooden fencing and gate as illustrated appendix 1 attached to this notice.
- Remove all resultant debris and waste in relation to the performance of the above steps and associated materials from the Land
Residents should be assured that the Council is continuing to ensure that this breach of planning control is addressed, using the powers available to it. In light of the Planning Inspectorate’s decision and subject to the decision made on planning application 20241164 the Council will be exploring what further action can be taken in the interim, in advance of the 11 February 2025 deadline.
Further updates will follow.