ENFORCEMENT NOTICE (PDF)

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          IMPORTANT THlS COMMUNICATION AFFECTS YOUR PROPERTY

                     TOWN AND COUNTRY PLANNING ACT 1990
               (as amended by the Planning and Compensation Act 1991)

                            ENFORCEMENT NOTICE
ISSUED BY: SHROPSHIRE COUNTY COUNCIL


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
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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 !he enclosures to which it refers contain important
additional information.

2. THE LAND TO WHICH THE NOJlCE RELATES

Land at Broome Park Cottage, Catherton Road, Cleobury Mortimer, Kidderminster,
DY14 OLF, shown edged red on the attached plan.

3. THE MATTERS WHICH APPEAR TO CONSTITUTE THE BREACH OF PLANNING
CONTROL

Without planning permission, the change of use of the land:
- from a mixed use of access to Broome Park Cottage, agriculture and the use of the
existing building for the overnight parking of two lorries and minor repairs to them in
accordance with planning permission ref. 9810776, shown diagonally hatched on the
attached plan;
- to the use as a scrap and breakers yard and the storage of waste materials,
together with the use of access to Broome Park Cottage, agriculture and the use of
the existing building for the overnight parking of two lorries and minor repairs to them
shown diagonally hatched on the attached plan.

4. REASONS FOR ISSUING THlS NOTICE

1) The unauthorised change of use and associated operations at this site is contrary
    to Development Plan policies in that:
    a) The location, scale and character of the unauthorised development result in
        an unacceptable visual impact on the character of the rural landscape, open
        countryside and surrounding area (Bridgnorth District Local Plan: CE2 and D l ,
        the Shropshire and Telford & Wrekin Joint Structure Plan: P15, P42 and P67)
    b) The development is located in the open countryside and not at an appropriate
        site within or adjoining the development boundary of a settlement (Bridgnorth
        District Local Plan: E l and CE6, the Shropshire and Telford & Wrekin Joint
        Structure Plan: P5);
    c) Storage of waste materials i;n the open is visible to. public view (Bridgnorth
  -     District Local Plan: E2);     '

    d) The approach roads leading to the site from the primary road network are
        considered to be unsuitable to serve as a means of access to the scrap and
        breakers yard (the Shropshire and Telford & Wrekin Joint Structure Plan: P68)
        and
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   e) it is not considered that the need for the use outweighs the adverse
      environmental impact of the unauthorised development atthis location.

2) It appears to the Council that the above breach of planning control has occurred
   within the last ten years.   .
3) The Council does not consider that planning permission should be given because
   planning conditions could not overcome these objections.


5. WHAT YOU ARE REQUIRED TO DO

1) cease the use of land and buildings on it as a scrap and breakers yard;
2) cease the importation to, and storage of imported waste materials at, the land;
3) rymove from the land and buildings on it all imported waste materials including scrap
    vehicles, parts of scrap vehicles, scrap tyres, scrap batteries, scrap metal, disused
    containers, waste wood, scrap domestic appliances, and waste oil;
4) remove from the land and buildings on it all plant for the lifting, crushing and dismantling
    01waste vehicles and other waste materials and of containers for waste oil not required
    for an existing authorised use at the site;
5) cease the overnight parking of lorries, associated with the management and
    transportation of waste materials, on the land in the open.
You may use the existing building on the land, shown diagonally hatched black on the
attached plan, for the overnight parking of two lorries and carry out minor repairs to them
within that building in accordance with the terms and conditions of planning permission
9810776.
                                         t   .


6. TIME FOR COMPLIANCE

Twenty six weeks after this notice takes effect.

7. WHEN THIS NOTICE TAKES EFFECT

This notice takes effect on 18 August 2003 unless an appeal is made against it beforehand.


Dated:          J !
          I ~ ~ A03 !


          @+57*
signed: Assistant ector (Planning and Environment), Community.and Environment
        Directorate, Shropshire County Council

         On behalf of: Shropshire County Council
                       The Shirehall
                       Abbey Foregate
                       Shrewsbury
                       Shropshire
                       SY2 6ND
ANNEX


YOUR RIGHT OF APPEAL

You can appeal against this notice, but any apped 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.
The enclosed booklet "Enforcement Notice Appeals - A Guide to Procedure" sets out your
rights. You may use the enclosed appeal forms.
a) One is for you to send to the Secretary of State if you decide to appeal, together with a
    copy of this enforcement notice.
b) The second copy of the appeal form and the nptice should be sent to the Council.
c) The third copy is for your own records.


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 may be 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.
 c/!
  Shropshire
LocATIONN
            COUNTY COUNCIL
                                                    The Shirehall,Abbey Foregate
                                                   Shrewsbury. Shmpshire, SY2 6ND

        &oome Park Cottage: Planning Enforcement Notice
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