2 Isle of Wight landowners must return a site near Lake’s Merrie Gardens to its original state after losing their appeals with the Planning Inspectorate.
The Isle of Wight Council says it is ‘delighted’ by the outcome, calling the work “a blatant breach of planning control [that] caused significant harm to the character of the site and the surrounding area.”
The local authority called the landowners “irresponsible”, but Louis William Tudor Smith and Mike King said County Hall’s planning enforcement notice was incomplete and said they didn’t make all the changes.
The Planning Inspectorate found Mr Smith and Mr King had carried out work on the site close to KFC, first noticed by local residents in February 2019, without planning permission.
Engineering operations, described as ‘significant’ by the Isle of Wight Council, as well as digging, waste left on the site and the creation of roads, meant concerns were raised.
The Isle of Wight Council first issued a planning enforcement notice for the site in April 2019 (which the landowners appealed), after residents noticed greenery had been cleared.
Mr Smith and Mr King argued the enforcement notice ‘was poorly drafted and incomplete’ and said it was unclear why the council was complaining and what they were required to do to put it right.
However, the Planning Inspectorate, a government body that deals with appeals, said the notice ‘clearly states the alleged breaches, reasons why the notice was issued and its remedies’.
Mr Smith and Mr King said their site was partly altered while work was underway on neighbouring land (where a Premier Inn now stands) and argued they were not responsible for all the changes.
The Isle of Wight Council accepted that but, after looking at an aerial photo of the site, the Planning Inspectorate said the so-called ‘scarring’ only affected one area.
Inspector Paul Hocking, acting on behalf of the Secretary of State, upheld the Isle of Wight Council’s enforcement notice and found Mr Smith and Mr King’s case failed on all six appeal grounds.
The land must be returned to how it was before work started there and can no longer be used for storage. By 30th December 2020, it must be returned to its original levels, with all building materials removed and grass seed sown.
Cllr Paul Brading, representative for Lake South, said he was pleased with the decision as it had ‘dragged on for long enough’. He said:
“I hope now the landowner complies with the notice and carries out the stated actions.”
Lake parish councillor Adrian Whittaker said:
“It should never have gone this far. This should be a warning to other landowners — action will be taken if these notices are not obeyed. Now we must move forward.
“This site has caused a lot of distress to local residents, the wider community and wildlife over the last two years, but our determination and working together has brought this to a positive conclusion.
“I would like to see a planning application submitted swiftly, outlining the landowner’s intentions once the strict conditions are met, as set out by the Planning Inspectorate”
Mr Tudor Smith has said the decision goes against Boris Johnson’s direction for the country to “build, build, build”. He has pointed out that the Merrie Gardens area had seen the largest amount of inward investment of anywhere else in the Bay Area, including the creation of hundreds of jobs in this relatively deprived area of the South East.
Mr Tudor-Smith said:
“The local authority’s approach is to make it impossible to converse with them, being ignored at every level.
“We do not apologise for extensive rubbish removal from the former tip in the North East corner in contemplation of various planning applications to further increase employment opportunities.
“Well done in stopping much-needed sustainable development.”
Agreed, but was same Pan Meadows top of staplers, yet it was the same planner’s that allowed the destruction of wildlife, public land and unspoiled views from Furlongs. Why is there one rule for Council and another for land owners?. Penny Feather’s ?. It’s who’s got money and back handers all the time on this Island.
Good – common sense decision and fine these imbeciles for destroying the natural habitats of creatures, birds and insects as well as the distress they have caused to human residents.
Almost agree, but sowing grass seed does not replace thousands of years of natural plant life.
Also agree with other poster, who says IF the council or its close developer friends had done such, then nothing would be ‘put right’.
Depends on who you know and/or the size of the ‘thank you’ card received.
Tickled Pink symbiotic relationship between planners and developers to open to corruption.
helen – but at least it. begins the process again, rather than it being deferred until whatever grim structure was put there is removed.
“Thousands of years of natural plant life”, when I was a kid in the 70’s we used to play in that area, the bottom half down by the bridle path was Black Pan tip, there were lorries of rubbish being buried down there daily for many years, the top half all the way to the cottage at Merrie Gardens pub was a farm, growing mainly potatoes !
Yet building a burger joint was ok .
Yes, because they had planning permission and had gone through the proper processes.
Pity this couldn’t be done to most of the developments where permission was granted.
Does it really matter what they have done with their land? Looking at the photos there would be no reason to refuse planning due to both plots being for commercial usage either side of it. Give it a few years and it will be built on anyway. Oh but of course the council will require a generous donation.