Agenda item

'Pine View, Smithy Fen Cottenham

Attached to the electronic version of the agenda are responses to the consultation referred to in paragraph 7 of the report.  In an effort to minimise the use of paper, the 53 pages have not been reproduced in paper form.

Decision:

The Committee RESOLVED unanimously, by 26 votes to Nil, with no abstentions and no Members not voting

 

(1)

That comments received in response to public consultation about the situation at Pine View, Smithy Fen, Cottenham be duly noted;

 

(2)

That Injunctive proceedings be commenced at Pine View, Smithy Fen, Cottenham as recommended by the Development and Conservation Control (Advisory) Committee at its meeting on 14th June 2005, and that breaches of Enforcement Notices be enforced by any means available;

 

(3)

That the Council instigate prosecution proceedings in respect of breaches of enforcement notices concurrently with it taking Injunctive action; and

 

(4)

That the Director of Development Services or, in his absence, the Deputy Director of Development Services, in consultation with the Chairman or, in his absence the Vice-Chairman, of the Development and Conservation Control Committee, be given delegated authority to instigate, respond to or defend all legal proceedings at Pine View, Smithy Fen, Cottenham, such authority to include authority to take any action in connection with the proceedings as appears appropriate, and to settle proceedings. 

Minutes:

The Committee considered a report from the Strategic Officer Group and a detailed supplemental report, prepared by the Council’s external legal advisers. This supplemental report set out:

 

·                      relevant Government guidance

·                      Planning Policy Guidance

·                      the planning status of the site

·                      personal circumstances and human rights

·                      legal implications (including racial equality considerations) and

·                      enforcement options open to the Council.

 

The Deputy Director of Development Services updated Members on developments following the Deputy Prime Minister’s decision, in March 2005, which required the illegally-camped travellers at Pine View, Smithy Fen, Cottenham to vacate the site within three months.  As that direction had not been complied with by the due date of 11th June 2005, Members had now to decide how the Council should enforce the Secretary of State’s decision that the travellers had no legal right to remain at Pine View.

 

The Deputy Director of Development Services guided Members through a series of updated Needs Audits (labelled A to F), required as part of the Council’s Human Rights obligations.  Having done so, the Committee was satisfied that, in connection with the factors taken into account by the Secretary of State, there had been no significant change since then.  The Council had canvassed the views of local people and a number of relevant organisations, although one Member of the Council expressed some misgivings about the comprehensiveness of that consultation.  Members further considered the impact of the South Cambridgeshire Local Plan 2004, and were of the view that the Council had acted proportionately throughout, and that all issues of equality had been addressed satisfactorily.

 

The legal advisers highlighted the principal issues contained in their supplemental report, and set out a likely timetable for taking Injunctive action under section 178 of the Town and Country Planning Act 1990 and prosecution action under section 179.  In both cases, the process was similar, but Members noted that, in the case of section 179 proceedings, the only remedy was that of a fine.  Members noted the significance of the final paragraph of section 6 (Legal Implications) of that report.

 

A Member urged officers not to dismiss the idea of applying for a Compulsory Purchase Order, subject to the final outcome in the case of Leeds City Council v Price and Others [2005].   He also urged the Council to consider instigating prosecution proceedings in respect of every breach of the Enforcement Notices.

 

The Head of Legal Services stated, for the record, that all the Needs Audits had been reconsidered, both individually and collectively.  However, there remained a need for the Quantitative Needs Assessment to be concluded as soon as possible.

 

The Chairman thanked officers and the Council’s legal advisers for their contribution to the debate, and for their work in progressing enforcement action at Pine View, Smithy Fen, Cottenham.

 

The Committee RESOLVED unanimously, by 26 votes to Nil, with no abstentions and no Members not voting

 

(1)

That comments received in response to public consultation about the situation at Pine View, Smithy Fen, Cottenham be duly noted;

 

(2)

That Injunctive proceedings be commenced at Pine View, Smithy Fen,  Cottenham as recommended by the Development and Conservation Control (Advisory) Committee at its meeting on 14th June 2005, and that breaches of Enforcement Notices be enforced by any means available;

 

(3)

That the Council instigate prosecution proceedings in respect of breaches of enforcement notices concurrently with it taking Injunctive action; and

 

(4)

That the Director of Development Services or, in his absence, the Deputy Director of Development Services, in consultation with the Chairman or, in his absence the Vice-Chairman, of the Development and Conservation Control Committee, be given delegated authority to instigate, respond to or defend all legal proceedings at Pine View, Smithy Fen, Cottenham, such authority to include authority to take any action in connection with the proceedings as appears appropriate, and to settle proceedings. 

 

Councillor Mrs J Dixon declared a personal interest in this item as a resident of Smithy Fen.

 

Mrs Paula Johnson, Chairman of Cottenham Parish Council, addressed the meeting.

Supporting documents: