c64 Item5 EnforcemenetReport DenmylneFarmNewburgh by Y7xT503

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									                            F I F E             C O U N C I L

                                                  North East Fife Area Committee
                                                  25th February 2009
                                                  Agenda Item No. 5


    REQUEST FOR AUTHORITY TO TAKE ENFORCEMENT ACTION AGAINST
  OWNERS/OCCUPIERS OF DENMYLNE FARM, DEN OF LINDORES, NEWBURGH,
                              FIFE.


1.0     INTRODUCTION

1.1     The purpose of this report is to seek authorisation from the Committee to have
        powers of enforcement delegated to officers to take the necessary action to
        regulate a breach in planning by the owners/occupiers of Denmylne Farm, Den Of
        Lindores, Newburgh, Fife.

2.0     LOCATION

2.1     The breach in planning is taking place at the address Denmylne Farm, Den Of
        Lindores, Newburgh, Fife, KY14 6HS.

3.0     BREACHES OF PLANNING CONTROL

3.1     The breach of planning control is that the development i.e. a static caravan has
        been located for residential use, within an agricultural field, on Denmylne Farm,
        Den of Lindores, Newburgh, Fife. The static caravan has been used for residential
        purposes for approximately 4 years, and is situated in an elevated, conspicuous
        site making it clearly visible from the roadside. Being visually dominant and
        prominent, the development is out of character and detrimental to the more
        traditional appearance of the surrounding rural scene. To the south-west of the
        location and further elevated, is the Aberdeen to Edinburgh main rail line.

4.0     FINANCIAL IMPLICATIONS

4.1     Non-compliance with an enforcement notice may result in the Council reporting
        matters to the Procurator Fiscal and costs will include preparation of reports and
        meetings with the procurator’s office.

4.2     In a case of non-compliance with an enforcement notice, the Council can take
        Direct action. In this specific situation this would be the Council’s preferred option
        should compliance with enforcement not be adhered to. The costs for this action
        would be in requesting tenders to remove the unauthorised development at a cost
        that would be recoverable from the owners of the property through the courts.

5.0     LEGAL AND RISK IMPLICATIONS

5.1     It is considered that there are no adverse legal implications inherent in taking
        enforcement action in respect of the breach of control.


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5.2     There are no specific risk implications.

6.0     BACKGROUND/DISCUSSION

6.1     It was noted that the development i.e. locating of a static caravan, at Denmylne
        Farm, Den Of Lindores, Newburgh, Fife had been carried out without the relevant
        planning consents.

6.2     The development is contrary to the guidance contained in SPP15:Planning for
        Rural Development and SPP17:Planning for Transport, Policy E15 of the Finalised
        Fife Structure Plan(2006), Policy H4 and E13 of the Adopted Tay Coast Local
        Plan(1998), and, Policy E3 and E15 of the Finalised Draft St Andrews and East Fife
        Local Plan(2006), as the development has no agricultural justification and would be
        an incongruous element situated on an elevated, highly conspicuous site and would
        not therefore be sympathetic to and in character with the surrounding countryside
        location.

6.3     In the interests of road safety, the proposal is also considered to be contrary to
        Policy T1 of the Approved Fife Structure Plan(2002), Policy T1 of the Finalised Fife
        Structure Plan(2006), and the current Fife Council Transportation Development
        Guidelines, as there is a presumption against the formation of new accesses or the
        intensification of use of the existing accesses on unrestricted distributor roads
        outwith the established built-up areas on the grounds that such accesses introduce
        access traffic manoeuvres which conflict with through traffic movements and hence
        increase the probability of accidents to the detriment of road safety.

7.0     CONCLUSIONS

7.1     It is clear that a breach of planning control has occurred on this site and that
        permission does not exist for the use of the site to provide accommodation. Failure
        to remedy the breach of control could set a precedent for other inappropriate
        development within the agricultural land.

8.0     RECOMMENDATION

           It is recommended that powers of enforcement be authorised to secure the
            removal of the static caravan from the site and secure discontinuance of the
            residential use.




                                                                  Keith Winter
                                                                  Head of Development Services




                                                                  Jim Birrell
                                                                  Development Manager
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                                                                  (Development and Regeneration)


Fife House
North Street
Glenrothes


Author: John Watson, Planning Enforcement Officer. Tel No. 08451 555 555 Ext 480164


Date: 15th January 2009

Ref:




BACKGROUND PAPERS

Under Section 50(d) of the Local Government (Scotland) Act 1973 the following background
papers were relied upon in the preparation of this report:




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