Staining - Land South of Fairfield Road
Last updated 05/01/12 23:00
The Council has decided to take action to enforce the injunction that applies to the land at Fairfield Road, Hardhorn presently used as a traveller’s caravan site. The council obtained the injunction two years ago to control the unauthorised use of the site pending the final determination of the site’s planning status. The injunction prohibited acts like bringing hardcore onto the site, lighting fires and erecting fences. It limited the number of caravans on the site to 30.
There are presently 44 caravans on the site. The number of caravans has been significantly above the level allowed by the injunction for several months, despite the site occupiers being asked to reduce the number to comply with the injunction. The Council’s Development Management Committee decided that this situation could not be allowed to continue and resolved to instruct lawyers to commence proceedings.
The legal action could result in any person found to have breached the injunction being committed to prison. Cllr Aitken Chairman of the Council’s Development Management Committee said: “The Council is extremely concerned at the continued impact such development is having on the local community. No-one wants to see anyone sent to prison if that can be avoided. But at the moment it seems that taking this action is the only way to make the travellers obey the court order”.
The Council is still awaiting information from the courts as to the outcome of legal challenges to the Secretary of State’s decisions to dismiss the planning appeal and uphold the enforcement notice. When this is known a further update will be posted.
Last updated 05/12/11 15:40
Solicitors acting for the travellers have begun legal challenges to the Secretary of State’s decisions to dismiss the planning appeal and uphold the enforcement notice relating to the traveller site off Fairfield Road. As the challenge to the enforcement notice has been submitted outside the normal time limits, the travellers have asked the court to retrospectively extend time for beginning the challenge. The court will need to assess whether there would be any injustice as a result of the late submission.
The Council believes that the late submission causes injustice to residents in the area around the site and has put that case to the court. We are awaiting a judgement on this.
If the court allows the challenge to the enforcement notice to proceed, it is likely that the two challenges will be considered together. At this time, no court date has been set for the hearing.
A report is to be considered by the Council’s Development Management Committee in December to decide whether to take action under the court injunction originally obtained on the site. Councillors will consider a number of alleged breaches of the injunction. They will take into account the possible consequences of further action for the settled community and the travellers. As the report is likely to contain legal advice, it is likely to be considered in a part of the meeting not open to the public. The decision of the Development Management Committee will be published a few days after the meeting.
In the meantime regular on site enforcement continues in order to try and identify the perpetrators of any infringements of the injunction in order to support possible proceedings.
A further update will be provided as information from the courts on the legal challenges is received.
Last updated 19/08/11 15:10
The Secretary of State has dismissed the appeals against the refusal of planning permission and enforcement notice in relation to land off Fairfield Road, Hardhorn (ref: 5/09/0830).
The Secretary of State has given 12 months for the site to be vacated and restored to the condition it was before it was occupied. The Sec of State carefully weighed up the different issues but overall agreed with the Inspector’s conclusions that the development would be harmful to landscape character, visual amenity & highway safety.
In due course Officers of the Council will be in dialogue with representatives of the Occupiers of the site to confirm how the Secretary of State’s decision will be implemented.
The full decision is attached.
The Council would like to thank all those who gave evidence at the inquiry.
Last updated 15/08/11 14:30
The target date for the issue of a decision by the Secretary of State for the Fairfield Road appeal was 11 August 2011. The Department of Communities and Local Government has advised that a decision has not yet been made. DCLG state that, due to the summer recess, they are unable to advise if a decision is due in the near future and that if the delay is protracted, they will be issuing a revised target decision date.
The link below is to the relevant page on the Planning Portal at which the outcome of the appeal will be posted
http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?caseid=2134060&coid=2101288
Last updated 26/04/11 11:45
Following the closure of the inquiry on the 11th April, the Inspector is now preparing his report and recommendation(s) for submission to the Secretary of State for his consideration. The Planning Inspectorate has announced that the Secretary of State will issue his decision(s) on or before 11 August 2011.
Last updated 21/03/11 10:00
The public inquiry was adjourned on Thursday 17th March and will next reconvene at 9.30am on Monday 11th April 2011 at the same venue – The URC, St Georges Road, St Annes. This final session will be to hear closing statements and summing up from both sides. In the last couple of weeks the Secretary of State has written to the Council advising that he is recovering the decision. Normally the Inspector Chairs the Inquiry and considers the evidence and makes a decision whether to grant planning permission or not. As this has now been recovered it means the Inspector will be making a recommendation to the Secretary of State who will now make the decision. The recovery is likely to result in an extension of time for the decision to be made.
Last updated 21/02/11 10:45
The public inquiry was adjourned on Friday 11th February and will next reconvene at 9.30am on Wednesday 16th March 2011 at the same venue – The URC, St Georges Road, St Annes. To date, the Inquiry has heard the appellants case and from Local Residents. The Council has begun to present its case, commencing with Highways issues. Mark Menzies MP and Ben Wallace MP also addressed the Inquiry before the adjournment. On the 16th and 17th March, the Council will complete its case with landscape and planning evidence being presented. Closing statements will be made and the inspector will visit the site and surrounding area.
Last updated 19/01/11 17:45
A planning Inspector has been appointed to hold a public inquiry following the submission of an appeal against Fylde Borough Council's decision to refuse planning permission for 15 traveller pitches on land off Fairfield Road, Staining and to issue an enforcement notice requiring the site to be vacated and the land to be returned to its condition prior to occupation of the site. The Inquiry will commence at 10.00am on Tuesday 8th February 2011 at the United Reform Church, St Georges Road, St Annes. The Inquiry is expected to last 5 days.
Copies of the appellant's and the Council's evidence can now be viewed by clicking on the link above. In doing so you must agree to abide by the terms and conditions relating to limitations and copyright which apply to the viewing of planning related information.
A copy will also be available for inspection at the Public Offices, Clifton Drive, St Annes. Anyone who wishes to be heard should attend the opening of the inquiry when the inspector will ask if anyone wishes to speak. A decision on the appeal will be issued after the closure of the inquiry. The Planning Inspectorate aims to issue decisions between 30 and 50 weeks after the closure of the inquiry.
Last updated 25/09/10 14:50
Following the refusal of planning application 09/0830 a planning enforcement notice has been issued. This notice required the owner of and those with an interest in the site to cease the use for residential caravans and to restore the site to the condition it was prior to occupation last November. That notice was due to come into effect on the 1st September and gave 4 months (to the end of December) to comply with its requirements. Before the notice came into effect a number of appeals were lodged against the notice and against the refusal of planning permission. These appeals have been validated by the Planning Inspectorate and are due to be heard at a Public Inquiry held over several days in early 2011.
A report is on the agenda of the full Council meeting of Fylde Borough on Monday 27th September which outlines the likely approach and resources needed to defend the joint appeal. As the report contains exempt information it is likely to be considered in a part of the meeting not open to the public.
A further update will be provided as there is information available.
Last Updated 23/07/10 14:45
The council’s Development Control Committee refused planning permission for the change of use of the land to a caravan site on the 2nd June. Up to now, the applicants have not appealed against the refusal. The same meeting also decided to issue an enforcement notice. The enforcement notice has been issued. It requires the removal of all caravans and the return of the site to the condition it was prior to November 6th last year. The site owner can appeal against the enforcement notice. Any appeal must be made before the end of August. If no appeal is lodged the notice comes into effect on the 1st September and gives four months (to end of December) for the requirements of the notice to be achieved.
We are currently seeking further specialist legal advice on the most appropriate way to resolve the issues around the Fairfield Road land, consistent with the refusal of planning permission which would be in addition to the enforcement notice. The Development Control Committee will discuss that advice at a special meeting. Because the advice will be subject to legal professional privilege, the meeting will not be open to the public.
There have been a number of complaints about breaches of the existing injunction granted by the court in February. These have been investigated. Fylde Borough Council will pursue contempt of court applications in respect of these breaches where we have been able to find strong evidence against individuals responsible for breaches and where doing so would be a sensible use of public resources.
An update will be provided following the special Development Control Committee referred to above.
Last updated 02/06/10 13:20
Application number 09/0830 has been refused by the Council's Development Control Committee. In accordance with the Injunction the applicant now has 28 days if he wishes to appeal.
Last updated 26/05/2010 22:00
Planning application number 09/0830 is to be heard at a Special meeting of the Development Control Committee at 10am on Wednesday 2nd June at Lowther Pavilion, Lytham.
The application which is for ‘change of use from former agricultural land to land for stationing of caravans for residential occupation by gypsy-travellers with associated development (hard standing, cess pools, fencing, utility buildings)’ is recommended for refusal. The agenda for the special meeting can be accessed at the following link http://www.fylde.gov.uk/meetings/details/860/
(Please note the meeting in the afternoon at 1.30pm at the Town Hall is the normal meeting of the committee and will not be considering this item).
Members of the public are permitted to make a verbal presentation to the Development Control Committee to oppose, support or comment on any planning application. Where oral objections are to be raised, the applicant has a right to respond. The applicant also has the right to address the Committee if Officers have recommended that their application should be refused (as in this case). If you wish to speak at the Committee you must register with the Planning Service in writing or by e-mail before 12 Noon on Tuesday 1st June (normally this is the Monday before however this is a bank holiday). Full details of the process for registering your right to speak and what happens at the meeting can be found in the document to download alongside this page.
At the last DC meeting the Committee considered a report concerning two breaches of the injunction. The Committee decided to institute contempt of court proceedings in respect of breaches of clauses 2.1 and 2.4 of the injunction provided that the Head of Governance is satisfied that the evidence will support such action. The Council has consulted with its Barrister about the best ways to proceed to enforce these aspects of the injunction and will be following his advice in arriving at a decision how to proceed. We hope to be able to provide an update on this aspect within the next two weeks or so.
Last Updated 01/05/2010 12:00
Since the granting of the injunction planning officers have been closely monitoring activities/developments on the site and have also received a number of reports of alleged breaches. Investigations have been carried out to confirm whether breaches have taken place or not. As a result a report has been prepared which will be considered by the Council’s Development Control Committee on Monday 10th May. The report seeks a decision on whether to institute contempt of court proceedings in respect of breaches of the injunction which are considered to have taken place. The report contains exempt information and is likely to be considered in a part of the meeting not open to the public.
Meanwhile planning application number 09/0830 has been the subject of consultation with statutory consultees and local residents. The Planning Case Officer is now preparing a report to seek determination of the application by Councillors. The report which will include a recommendation is likely to be considered at a special meeting of the Development Control Committee towards the end of May at a venue suitable to hold the expected numbers of people wishing to attend.
Last Updated 18/02/2010 19:45
The injunction in place limits certain activities/development taking place on the site. Full details can be found to the side of this page as a document download. To report alleged breaches of the injunction please click on the link which will take you to the council's planning enforcement form. Please state clearly why you consider that there has been a breach of the injunction, providing details of the alleged breach, including details of any activities, dates, times, etc. Once submitted the form will be received by the appropriate officers for their attention.
Last Updated 09/02/2010 23:46
On the 3rd February Lawyers for the council were in Blackpool County Court to vary the order made on the 13th January in relation to the development of the site at Fairfield Road, Hardhorn.
As a result of the application an injunction was granted that prevents entry onto the land of any further caravans either in addition to or in substitution for the caravans stationed on the land at present except that any caravan stationed on the land as at 16th December 2009 may be substituted by a caravan no larger than the one it replaces and that written notification is given to the Council. Furthermore that from 4pm on Wednesday 17th February 2010 no more than 30 caravans in total shall be on the land. The injunction defines a number of other activities which are prevented or restricted. The full version of the order is available as an attached document.
A planning application for the land has been received and validated on 25th January. The application (number 09/0830) is described as ‘change of use from former agricultural land to land for stationing of caravans for residential occupation by gypsy-travellers with associated development (hard standing, cess pools, fencing, utility buildings)’. Full details of the application can be viewed at the following link and by searching for app. No. 09/0830. http://www.fylde.gov.uk/environment/planning/view-planning-applications/ The application will be considered as any other planning application and neighbouring residents will be receiving postal consultation notification shortly.
The injunction granted on 3rd February also requires that should the application be refused by the Council that any appeal be submitted within 4 weeks of any notification of refusal (as opposed to the normal limit of 6 months).
In the meantime the Council is taking the matter seriously and will be monitoring closely to ensure the order of the Court is adhered to.
Last Updated 15/01/2010 09:22
Lawyers for the council were granted an injunction at Blackpool County Court on 13 January that prevented the travellers from bringing more caravans onto the land. The travellers are also prevented from developing the site – although they are allowed to bring water to the site and to use power generators.
Fylde Borough Council’s legal team will return to court in February to seek a further injunction.
Ian Curtis, Head of Governance at Fylde Borough Council, said: “We are satisfied that the court order granted on Wednesday will allow us to give as much reassurance as possible to residents.
“The injunction is ‘freezing’ the situation. When the case returns to court in February we will be looking for a more permanent solution to the problem.
“The travellers submitted an invalid planning application for the land last year. We have asked them to resubmit it so that the matter may be decided by the council.
“Residents can rest assured that the council is taking this matter seriously and is seeking a proper solution to this matter in as speedy a way as possible.”
Last Updated 09/01/2010 16:33
Fylde Borough Council has applied for an injunction to prevent additional caravans and vehicles being brought onto the unauthorised site at Hardhorn. The application will be heard by a judge at Blackpool County Court on 13 January at 11.00. The injunction would also require the travellers to make proper progress with any planning application that they might make. Once any planning application has been finally determined, the council would be able to take any further action needed to regularise the use of the land.
A planning application relating to the site has been recently received by the Borough Council although cannot yet be validated due to further information necessary from the applicant.
Last Updated 24/12/2009 12:20
Fylde Council has been working closely with our neighbouring borough of Wyre to address unauthorised development that has recently occurred on two sites; at Hardhorn in Fylde and Preesall in Wyre. Both councils have jointly commissioned specialist legal advice and considered detailed reports on the relevant issues. We are pleased that the first of two court orders has been obtained to restrict further use of these sites. Fylde is seeking an injunction for the Hardhorn site on the same basis as the Preesall one which should be heard by the courts in early January.
Meetings have taken place with the occupiers of the Hardhorn site and the relevant public bodies in an attempt to deal with the issues that have arisen.
Last Updated 19/11/2009 16:02
Representatives of Fylde and Wyre Borough Councils have met today (Thursday 19 November) with a barrister to discuss the issues around the sites at Hardhorn and Preesall.
The meeting explored the legal options available to address the current situation.
The two councils will continue to work closely with the barrister on these issues and keep the public informed to the best of our ability.
Further updates will be made as they become available
Last Updated 13/11/2009 19:45
A meeting has taken place between senior officers and local ward members at Fylde Council following residents concerns about caravans being stationed on a site South of Fairfield Road, Hardhorn. Officers reported that work on the site has continued despite a temporary stop notice being served on Saturday morning 7th November. The council understands that the caravans have been placed on the land with the consent of the landowner. This means that the issue is about a breach of planning control. Powers of the police and the council that would apply to an illegal occupation are not available.
The council is seeking specialised legal advice on the possibility of an injunction. This is likely to result in a report being made to a special meeting of FBC’s Development Control Committee within the next couple of weeks. (Please note it is not on the agenda of the planned meeting on 18th Nov).
While the council understands residents’ concerns, it was essential that the council follows the proper procedures if the issue is to be brought to a satisfactory conclusion.
We are working closely with Wyre Council over the particular issues for the residents of Hardhorn but also to jointly obtain specialised legal advice as there is a site at Preesall which has also recently been occupied.
Further updates will be provided when more information is known
Last Updated 09/11/2009 21:53
On Saturday 7th November planning officers served a temporary stop notice on land South of Fairfield Road, Hardhorn to stop engineering works to create hard standing areas.
On Monday planning officers have returned to the site to inspect whether any work has been carried out. It would appear that considerable work has occurred over the weekend since and in spite of the issue of a temporary stop notice. Some photographs have been taken and officers are preparing statements to confirm the extent of the work that has been undertaken.
There are several courses of response open to the council which are currently being considered. A meeting is to be held in the next couple of days between senior Councillors, Ward Councillors for Staining and relevant professional officers to discuss the options available. When this has taken place a further statement will be issued and posted here.
