Agenda item

8.1

The Director of Development Services submitted a report informing the Committee of a breach of planning control in relation to the unauthorised use of Green Belt land at the rear of the Crown Inn Public House, Hillfoot Road, Totley and making recommendations on any further action required.

8.2

The report stated that the Planning Service received a complaint about a section of hedgerow being removed behind the public house and a large section of the natural vegetation being mown to allow tables and chairs to be placed on the adjacent field. The complaint was concerned with preparation of land within the Green Belt for use as a beer garden, which would spoil this part of the countryside.

8.3

The landlord of the Crown Inn had carried out the work himself and a visit to the site showed that a large section of hedgerow had been removed to allow 8 large, wooden outdoor pub tables with attached benches to be placed in the field, along with some children’s play items. A large section of the field containing these items had been mown.

8.4

Following a discussion with a senior planning officer and the area team leader, a letter was sent to both the landlord and owners of the public house and the land requesting that all fixtures, fittings and furniture be removed from the field and the hedgerow restored to how it was previously. The letter also stated that the use was unacceptable within the Green Belt.

8.5

A Temporary Stop Notice was served on the land to prevent further unauthorised use for a period of 28 days. This was served personally on the landlord and by recorded delivery to the land owners.

8.6

Before the 28 day period had lapsed, the landlord breached the notice by allowing a large marquee to be placed on the land for the purposes of holding a wedding reception. The landlord had applied to the Licensing Service for an events notice a few days prior to the event taking place, in full knowledge that he would be breaching the Temporary Stop Notice.

8.7

The Crown Inn was also advertising on their Facebook page, an event for August Bank Holiday, which will more than likely take place on the field, involving live music, bouncy castles and a barbeque.

8.8

The Landlord of the Crown Inn, Jack Halsall, attended the meeting to make representations to the Committee. He stated that he had received a letter from the Council in June 2016 to cease the unauthorised use and at that point the tables had been removed. There were permitted development rights which allowed for the use of the Green Belt for 28 days, which the pub had used for the wedding. A Temporary Event Notice had been applied for and the Council had issued a certificate to allow this.

8.9

Mr Halsall added that the City Council had stated that the area in question was a local nature reserve/conservation area, which was incorrect. The Cricket Inn, which was 0.3 miles away had 40 benches outside on Green Belt land, so why was the Crown Inn not even allowed 10?

8.10

Catherine Hughes, a local resident, also attended the meeting to make representations to the Committee. She commented that the Landlord and Brewery were well aware that the area concerned was Green Belt land and therefore couldn’t be used as a beer garden. It was unthinkable that the change to the Green Belt land could commence without Council permission. The area had been specifically referred to within the Totley Conservation Area and had been marked on local maps as important open space. It was also a view enjoyed by many walkers.

8.11

RESOLVED: That: (a) the Head of Planning be authorised to take any appropriate action including, if necessary, enforcement action and the institution of legal proceedings to secure the cessation of the use, the removal of all fixtures and fittings and furniture and the re-instatement of the hedgerow to prevent further encroachment onto the Green Belt at the Crown Inn, Hillfoot Road, Totley;

(b) the Head of Planning, in liaison with a Co-Chair of this Committee, be authorised to vary the action in order to achieve the objectives hereby confirmed, including taking action to resolve any associated breaches of planning control;

(c) any action, as outlined in (a) and (b) above, be suspended for a 6 week period to allow further discussions between the City Council, the landlord of the Crown Inn and interested parties, with a view to achieving a solution acceptable to all; and

(d) the Director of Development Services be requested to provide an update to the meeting of this Committee to be held on 20 September 2016.