Agenda item

To receive written questions submitted by Non-Executive Members no later than 4pm on the day prior to the meeting.

In accordance with Part 4 of the Executive Board Procedure Rules for questions/statements by Non-Executive Member, one question had been received from Councillor Anthony Shaw also relating to the illegal traveller encampment to the South of Whitehall Park, Darwen.

Councillor Shaw asked a number of questions relating to the Stop Notice and the planning application for the site.  He asked what type of work constituted a notable breach of the Stop Notice; did this allow for smaller breaches; how much work, as specified in the Stop Notice, could be carried out on any occasion the Stop Notice was breached.  In relation to the planning application, he said the Planning Department had been waiting for over 4 months for the submission of Biodiversity Net Gain documentation in support of the application.  He asked how long the applicants would be given to supply this information and if a deadline would be given as the biodiversity and environment on the site continued to be degraded due to the contravention of the Stop Notice.  Councillor Shaw also asked if an ecological survey of the land had been scheduled and when it could be expected to be submitted.

In response to questions from Ann Cockram and Councillor Shaw, Councillor Quesir Mahmood said the Council shared many of the concerns of residents regarding the unauthorised encampment.  A Full Stop Notice had been issued in July, which restricted further engineering operations from taking place. 

Officers continued to visit the site on a regular basis to investigate all reports of non-compliance with the Stop Notice, or any other breaches of planning control which may be occurring.  Although there were records of complaints and evidence provided by enforcement officers there had been no records of any breaches at the site which would merit a prosecution or other legal action.  Any decision to take matter further would be taken following legal advice on evidence obtained by the enforcement officers, so it would not be appropriate to prejudice any legal process by speculating as to what may or may not be a breach.

Outstanding information for the planning application was being compiled by the applicant, with surveys expected this month from a third-party ecologist appointed by the applicant.  The biodiversity assessment must provide the site biodiversity value as it was before any development took place.  The Council would continue to chase the planning application so that the retrospective development could be assessed in the appropriate way.

Councillor Mahmood continued by advising that although the Council requested that a planning application should be submitted urgently when the encampment was created, a valid application did not come forward.  Therefore, the Council took prompt action by serving the Enforcement Notice and the Stop Notice.  Everything that could be done with the Council’s limited planning powers had been done.  However, as the appeal to the Enforcement Notice was now in the hands of the Government’s Planning Inspectorate, this could be a lengthy process.

Officers had provided regular updates for the Ward Councillors and there would be a formal public consultation when the planning application had been registered and published.  Councillor Mahmood also advised that there had been numerous public updates shared on The Shuttle and across Council channels and direct responses had been provided to residents wherever possible:

https://theshuttle.org.uk/update-on-unauthorised-encampment-in-darwen/?highlight=Whitehall

https://www.facebook.com/search/posts/?q=Whitehall%20Travellers