Question
In April 2008 at a planning appeal for Sheeplands farm shop and coffee shop, a government appointed planning inspector stated that if he upheld the appeal, which he did, it would mark the transition of Hare Hatch Nursery from a nursery to a garden centre. He also stated that it would have severe consequences for the business if it was not allowed to compete with its neighbours. To what extent has Wokingham Borough Council taken the planning inspector’s comments into consideration in subsequent discussions with Sheeplands?
Minutes:
In April 2008 at a planning appeal for Sheeplands farm shop and coffee shop, a government appointed planning inspector stated that if he upheld the appeal, which he did, it would mark the transition of Hare Hatch Nursery from a nursery to a garden centre. He also stated that it would have severe consequences for the business if it was not allowed to compete with its neighbours. To what extent has Wokingham Borough Council taken the planning inspector’s comments into consideration in subsequent discussions with Sheeplands?
Answer
In order to become exempt from enforcement action, the unauthorised use of the greenbelt land must have been uninterrupted for 10 years or more. As the first enforcement notice was served in 2012, for the greenbelt site not to be immune from enforcement action it must have been used as a garden centre since 2002.
The Planning Inspector acknowledged that at the time of the appeal in 2008 that the greenbelt site was a nursery not a garden centre. This has provided evidence that the garden centre business has not operated from the greenbelt site since 2002 and is, therefore, unlawful. This has been given considerable weight in justifying the enforcement action against the unauthorised uses of this greenbelt site.
The Inspector’s comments in respect of the viability of the business have been given consideration but have not outweighed the harm resulting from the extent of the unauthorised development at the greenbelt site. If the Council placed greater weight on the viability argument, harmful and unacceptable development could occur all over our Borough. The Council has sought to work with the owner to try and find a mutually acceptable and viable solution, but the owner has been unwilling to compromise his position and has continued to expand the unauthorised activity at the greenbelt site.
Supplementary Question
I note that one of the priorities of Wokingham Borough Council is to ensure strong, sustainable communities that are viable and supported by well designed development. This being the case and in the light of the comments made by the Government Inspector, Mr Ritchie, in 2008, irrespective of the comments you have just made, he stated and acknowledged that, despite being in the green belt, the area, and he meant Hare Hatch, was full of other businesses and the inability to compete equally would have consequences for the future of the business. These comments are very specific and clear to me and many other members of the public. As such would it not make sense for Wokingham Borough Council to lift their enforcement notice and let an independent planning inspector make a judgement on the legality of this well designed development which is enjoyed by many rather than pursuing it through the courts which could cost the Council and Council Taxpayers a great deal of money?
Supplementary Answer
Well-designed development is that planned through the local plan process that meets the policies set out in government guidance and the Council’s local plan. Hare Hatch Sheeplands is an unauthorised and inappropriate development in the greenbelt that is contrary to these policies and does not constitute well-designed development as a result.
As explained in the answer to the original question, an independent inspector can only assess the lawfulness of the retail uses at the greenbelt site. This is only whether it can be demonstrated that the retail activity has existed in its current form and extent since 2002. This is because the appeal was against a Certificate of Lawful Development application which is not a planning application. The planning merits of the case and the points made about well-designed development and the development surrounding the site cannot be taken into account as a result.
If the enforcement notice is withdrawn, the Council has no mechanism to take action against the unlawful development. This would result in the Council being less able to challenge this development and other unauthorised development in the Borough.