Further to my earlier posts, I thought it would be useful to share more widely an update I have received from Corby Borough Council in relation to the very understandable local concerns about the unauthorised development of the Peasdale Hill Field on Ashley Road, Middleton.
I trust that this will be of interest locally, as it clarifies the up-to-date position on the matters raised by so many residents and the concrete steps being taken to address them.
Rest assured that I will continue to closely monitor this situation moving forward and continue to raise local concerns in relation to this unauthorised development - like the local community, I feel very strongly about what has happened and am determined that the damage must be made good without delay. You can see the update in full below:
Further to your correspondence below, I can confirm the Council have taken formal action regarding the traveller incursion on Ashley Road.
The Council sought legal advice and it was recommended that an enforcement and stop notice should be served rather than an injunction. The injunction would take several days to collate and then we would have the issue in regard to the possible delay at the Courts. An injunction would also only effectively freeze what has taken place on the land whereas the requirements of any enforcement notice will require that the land is vacated and restored. The stop notice will prevent any further operational development.
The notices served were:
The requirements of the enforcement notice is:
- To cease the stationing of caravans and remove all caravans from the site -1 month compliance
- Remove the hard standing, hardcore and other imported materials from the land – 1 month compliance
- Restore the land to the condition it was prior to the unauthorised use taking place – 2 month compliance.
When serving notices we have to allow a period of at least 28 days for the notice to come into effect, it is standard practise to give a few days extra allowing for post but also giving them less opportunity to appeal the notice on the grounds that it was not served correctly.
If they wish to appeal the notice, then they must do so before the effective date (28th Feb). If no appeal is forthcoming then the notice comes into effect and the requirements of it must be complied with within the 1 month timescale.
The requirements of the stop notice is:
- Apart from the 7 caravans on site, no further caravans to be brought onto the site
- No further importation of materials
- Apart from the area hatched blue, no operational development to take place on the land.
Due to statutory delays in the enforcement notice coming into force, it was considered expedient to serve the stop notice to stop any further importation. The stop notice has to run in tandem with an active enforcement notice and you can only appeal against a stop notice in the High Court, the Planning Inspectorate do not consider appeals against stop notices.
The stop notice remains in force on site until such time that the breach is resolved either by them vacating the land, planning permission being obtained or, in some cases, the enforcement notice being quashed on appeal. The Stop Notice is not a stand-alone document so if the enforcement notice is quashed on appeal then the Stop Notice would be considered void.
The map attached to the stop notice, whilst stopping importation, still allows the occupants to prepare the area for siting the touring caravans on site for Health and Safety of the occupants and children.
The site has and continues to be monitored and no materials were imported over the weekend.
The Council can confirm that a planning application (NC/21/00036/DPA) for Change of Use of the Land to the provision of 5 gypsy and traveller pitches has been submitted and is awaiting validation.
Once validated it is highly likely that the requirements of the enforcement notice will be held in abeyance pending the determination of the planning application, we are waiting for confirmation from Legal Services that this is the case.
I trust this information is helpful and you are assured by the Council’s actions in relation to this matter.
(Acting) Head of Paid Service"