BOROUGH OF POOLE
AREA COMMITTEE - 3rd SEPTEMBER 2003
REPORT OF THE ALLEGED UNAUTHORISED ACTIVITIES AT MILLERS COMMERCIAL, 315 RINGWOOD ROAD, PARKSTONE, POOLE
1.0 Purpose of Report
1.1 To provide the Area Committee with a summary of the recent planning history of the site, the nature of complaints received regarding the site and an update of the Council’s present findings and actions taken to resolve the issues raised.
1.2 Mrs Moore, of the East Alderney & Rossmore Resident’s Association, has requested that the Local Planning Authority report the current enforcement situation to the members of the Area Committee.
2.0 Site Description
2.1 The site is located on the eastern side of Ringwood Road, approximately 110 metres north of the junction with Rosemary Road. The character of the area is predominantly residential comprising detached bungalows and dwellings surrounding the site.
2.2 The site is currently occupied and used by Millers Commercial, for the purposes of storage of commercial motor vehicles, the hiring of motor vehicles, motor vehicle repairs including paint spraying and the storage of other related motor vehicle body and engine parts.
2.3 The site has a large single storey building fronting Ringwood Road, which is used for motor vehicle repairs, adjacent to which there is a small office. At the rear of the office there is a structure used for motor vehicle spraying, whilst the remainder of the site is used for storage of motor vehicles and related body and engine parts.
2.4 Around the perimeter of the site there is a 1.8 metre high concrete block wall which screens the commercial uses from the neighbouring residential properties. The wall encloses part of the rear gardens of nos. 3 & 5 Rosemary Road, which makes up part of the site which Millers Commercial operate from.
2.5 To the west of the site, on the opposite side of the Ringwood Road, there is a large area of industrial units, which have been identified on the proposals maps of the Poole Local Plan (1998) and First Alteration Revised Deposit Plan (November 2001) as employment land.
3.0 Nature of Complaints
3.1 There have been several planning contravention enquiries logged with the Council, in respect of the unauthorised use of the land at 315 Ringwood Road, for motor vehicle storage, hiring and repairs. The source of these complaints is required to be kept anonymous.
3.2 At the rear of 315 Ringwood Road, on the former land attached to nos. 3 & 5 Rosemary Road, the land has been alleged to be used for the purposes of unauthorised motor vehicle storage, storage of related motor vehicle body parts and the siting of several large containers.
3.3 Consumer Protection Services have conducted a number of investigations into potential problems associated with the site over a number of years.
4.0 Relevant Planning History
4.1 For the avoidance of doubt the Council currently has 2 separate planning enforcement investigations on-going on the site occupied by Millers Commercial. Firstly the land at the rear of nos.311-315 Ringwood Road (formerly part of nos.3 & 5 Rosemary Road) as indicated as area A on the attached plan. Secondly the land and buildings on the property known as 315 Ringwood Road, as indicated as area B on the attached plan.
Area A - Land at the rear of 311-315 Ringwood Road (formerly part of nos.3 & 5 Rosemary Road).
4.2 On 31st January 1995 planning consent was refused for the change of use from residential to commercial (32473/000). This was refused because of the intensification of a commercial use within a residential area, the disturbance to neighbours and the proposed use would adversely affect several protected trees.
4.3 The applicant, Millers Commercial subsequently appealed against the decision of Poole Borough Council, however an Inspector’s decision letter dated 14th December 1995, dismissed the appeal on the grounds stated above (T/APP/T1220/A/95/255415/P8).
4.4 Following a more recent complaint about the activities on the land, an enforcement investigation was launched in accordance with the Council’s adopted Enforcement Policy. The officer visited the site and advised Millers Commercial that the breach of planning control remained and that, as occupiers, the company were susceptible to enforcement action.
4.5 On 9th May 2002 Millers Commercial submitted a revised planning application seeking retrospective consent for the change of use of the land from residential to commercial (32473/002). Following public consultation, the scheme was refused on 7th August 2002, on the grounds of un-neighbourly development.
4.6 Millers Commercial appealed against the decision, however the Inspector upheld the notice of refusal on 27th February 2003.
4.7 On 18th March 2003 the Local Planning Authority served an Enforcement Notice against Millers Commercial for the unauthorised use of land for motor vehicle storage, storage of motor vehicle body parts and the siting of 6 storage containers. The notice required the removal of all motor vehicles, all body parts and all storage containers and the cease of the use of the land for those purposes. The notice became effective on 25th April 2003, giving 2 months to comply with its requirements.
4.8 On 16th July 2003 the Enforcement Team Leader and the case officer visited the site to check the compliance of the enforcement notice. Photographic evidence was taken that Millers Commercial had failed to comply with the notice, and the Local Planning Authority advised Millers Commercial accordingly, giving the company a further 7 days to comply or legal action would be taken.
4.9 On 23rd July 2003 the Enforcement Team Leader and the case officer revisited the site to check the compliance of the enforcement notice. Photographic evidence was taken that Millers Commercial had failed to comply with the notice. Upon receiving photographic evidence of the breach, the file was passed to Legal Services with instructions to prosecute Millers Commercial.
4.10 Due to a technical procedural matter which would affect the chances of a successful prosecution, the notice is to be reserved on Millers Commercial. The time scale for compliance will be reduced from 2 months to 1 month. The Council will seek to prosecute if the notice is not complied with in full.
Area B - Land at 315 Ringwood Road
4.1 Recently a planning application seeking the demolition of the existing garage and buildings and erection of a 2-storey block of 4 flats and 3-storey block of 20 flats (total 24) with parking provision to be accessed from Ringwood Road, was received. The scheme was subsequently withdrawn following concerns raised by the case officer. These concerns were over-development of the site, overlooking to neighbouring residential occupiers, loss of protected trees and inadequate parking.
4.2 Following the withdrawal of the scheme and further complaints made against the unauthorised activities being carried out on the site, the enforcement case officer served a Planning Contravention Notice to ascertain exactly which activities were being carried out, where, for how long, and ownership details.
4.3 Upon receipt of the answers given by Millers Commercials, the Local Planning Authority has requested that a Certificate of Lawfulness of an Existing Use of Development (CLEUD) be submitted, supported by evidence to prove that each individual activity has commenced for more than 10 years continuously, and therefore be immune from enforcement action.
4.4 Millers Commercial have submitted the CLEUD application however due to lack of evidence the application has not been registered and sent back to the applicant.
4.5 If the applicants cannot adequately demonstrate that each alleged use has taken place for more than 10 years, that specific use will not be immune from enforcement action and formal enforcement action will be instigated.
Background Papers
Planning application file (03148)