Holiday cottage owner appeals after being told to demolish jetties and remove barge

By Derek Davis

14th May 2020 | Local News

A holiday cottage owner has appealed against a decision ordering him to demolish jetties and remove an old Dutch barge from its mooring on the river Stour.

Charles McLaren was told last year by Babergh enforcement officers to stop using the moorings at 9-10 Rose Cottages, Stourside in Shotley for vessels.

He was also told to demolish the jetties and move the barges kept on moorings at the river at the bottom of the garden.

Council documents, open to the public, state Mr McLaren, did not have planning permission to change the use of the land within the riverbed of the River Stour for the permanent retention of a vessel.

But Mr McLaren has lodged an appeal against Babergh's enforcement notice claiming that the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice.

Also, that there has not been a breach of planning control and the time given to comply with the notice is too short.

Mr McLaren is understood to have bought the property for £120,000, and alter turned an old toilet block in a nearby small caravan site, into a small holiday let called the Potting Shed.

Both have been advertised as a holiday lets on its website the Old Brickyard Cottages, and the barge have been used by small stag and hen parties.

Complaints were made about parties and loud noise, leading to an investigation into the lawfulness of the jetties and barges, over the past five years.

The site is within a Special Protected Area designed to protect birds

Babergh council argued that the barges and jetties had resulted in unacceptable harm to the character and nature of the surrounding area and neighbouring residential development.

The council also pointed out that "Water-based and associated land- based facilities of an appropriate scale will only be permitted on the Stour and Orwell estuaries where these are compatible with landscape characteristics, biodiversity, agriculture, access and river safety constraints".

In addition, the jetties are contrary to Policy RE15, which states that "Only very limited increases in the number of moorings and marina berths on the Stour and Orwell Estuaries will be permitted", and only in limited areas – specifically, at Brantham, and between Bourne Bridge and the Orwell Bridge – and only then "subject to there being no adverse impact on landscape characteristics, biodiversity, cultural heritage, road safety and residential amenity". Policy RE15 further advises that "No increase in moorings and marina berths will be permitted elsewhere on the estuaries".

Comments can be made to the Planning Inspector online at Planning Inspectorate online If you do not have access to the internet, you can send your comments (three copies are required) to the Planning Inspectorate at:

The Planning Inspectorate Room 3B

Temple Quay House

2 The Square

Bristol

BS1 6PN

Attention of Craig Maxwell

All representations must be received by 03/06/2020. Any representations submitted after the deadline will not usually be considered and will be returned. The Planning Inspectorate does not acknowledge representations. All representations must quote the Planning Inspectorate's appeal reference (APP/D3505/C/19/3238612).

     

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