Orchard Herbs have put in a planning application for Certificate of Lawfulness for their current use of the site as a builder’s yard and storage unit.
The link to the planning application is here, application reference PL/20/3452/EU:
This attachment is the information sheet provided by the Planning Enforcement Officer who attended the January Council meeting. This includes information on the Enforcement Notice that has been served.
Dorney Parish Council will object to the application. Objections must be in before 25th January. It is important that all objections are factual as to the length of time of the use of the area – photographs are always helpful or references to online pictures such as Google Earth.
The Parish Council’s objections are as follows:
- The application area is the surface of the new road constructed by Highways England along Lake End Road.
- The statement appears to be for a claim for Advers Possession, rather than evidence submitted to support the application.
- The application form states that Chris Ball is the owner, which he cannot be as he is applying to be the owner (Possessory Title)
- The site plan (note that the plan is for the hotel development) does not accord to page 1 of the statement exhibit.
- The evidence cannot be correct because the land was originally an embankment at 45 degrees, so no vehicle could drive or park there. The only way that land could be used would be when the imported spoil was so high that the ground would be level. Even then, the vehicles etc would need to drive up to the level of the road. No evidence has been submitted to show where vehicles were parked. No photographs, or annotated plans.
- Considering point 5 above, the use of the land would have to be the long-term storage of materials (earth, waste etc) for the entire period of 10 years, so the use cannot be as described.
- The appeal decision plan (page 6) omits the embankment (the area including the subject of this application). This shows that the embankment as at April 2010 was not used for those activities described in the appeal decision (“storage of non-agricultural plant, equipment, vehicles and materials”).