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Cotswold D.C. To Re-Issue Kemble Notice
A planning inquiry regarding uncontrolled general flying activities at Kemble airfield has been closed by the Planning Inspector after Cotswold District Council withdrew its enforcement notice.
The Council followed the comments of the Inspector and withdrew the notice to avoid the risk of it being quashed on a technicality without other planning issues being considered.
The Inspector felt that the notice should have listed all the activities at the airfield to which the Council had no objection, as well as those it wished to take enforcement action against.
The Council is now in the process of re-issuing the enforcement notice in line with the Inspector’s comments.
Those in receipt of the new notice will have the opportunity to appeal to the Inspectorate. There is also the possibility that the site owners may now consider it appropriate to submit a planning application or Certificate of Lawful Established Use or Development
Solicitor to the Council Bhavna Patel said: "The appellants were within their rights to apply for costs but chose not to do so. If they had done so, CDC would have vigorously defended itself against the claim and believes it would have had a robust chance of avoiding costs being awarded against the Council.
"CDC is, as ever, happy to speak to the airfield operators and would prefer to resolve the matter without recourse to the appeal process. However we have not, to date, received sufficient assistance or information from the operators to do this.
"The Council maintains its robust position that there is a case to answer in respect on uncontrolled general flying.
"The number of complaints received about flying activities is not material. We have a responsibility to all members of the community to ensure that they have an appropriate quality of life in a rural area."
: 28/11/2007 15:08:29
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