Issue - meetings

To consider the unauthorised construction of a single-storey rear extension.

It was RESOLVED that in relation to Application 22/01052/ENF:

1.    An Enforcement Notice be issued and served by the Assistant Director (Planning and Regulation) and subject to an appointed solicitor by the Council being satisfied as to the evidence requiring the removal of the existing extension located within the rear service to the property known as 20 Market Place.  The precise terms of the Enforcement Notice, including all time periods, to be delegated to the Assistant Director (Planning and Regulation).

2.    That subject to an appointed solicitor by the Council being satisfied as to the evidence, the Assistant Director (Planning and Regulation) be authorised to take all steps necessary, including prosecution or any other litigation/works in default to secure compliance with the Enforcement Notice.

3.    That in the event of any appeal against the Enforcement Notice, the Assistant Director (Planning and Regulation) be authorised to take any action required to defend the Enforcement Notice and any appeal against the refusal of planning permission.

The Committee considered the unauthorised construction of a single storey extension.

The Development Manager advised that the site was located within the pedestrianised Town Square Conservation Area and comprised a ground floor retail unit with flats above.  The unauthorised construction, a timber framed and finished in fibreboard timber with a Perspex roof was to the rear of the building.

The Chair then invited Mr Godwin, occupier of 20 Market Place to address the Committee.

Mr Godwin advised that he was keen to rectify the situation and work and co-operate with the Council.  He had been unaware of the requirements for approval as neighbouring properties had existing extensions.

The Chair thanked Mr Goodwin for his contribution to the meeting.

The Development Manager advised the Committee that the existing extension, being an incongruous form of development being constructed in unsympathetic materials, significantly detracted from the historic character of the Town Square Conservation Area.  The extension was deemed to have an impact which was at the upper end of the scale of ‘Less than Substantial Harm’ and that the extension’s overall benefits did not outweigh the harm caused.

In response to a question from a Member of the Committee, the Development Manager advised that the remedy required was that within six months of the date of any Enforcement Notice served, the entirety of the structure as built in the service yard with the land made good should be returned to its previous state before the extension was constructed.

The Committee were keen to ensure Officers engaged with Mr Godwin to find an acceptable way forward for both the applicant and the Council.

It was RESOLVED that in relation to Application 22/01052/ENF:

1.    An Enforcement Notice be issued and served by the Assistant Director (Planning and Regulation) and subject to an appointed solicitor by the Council being satisfied as to the evidence requiring the removal of the existing extension located within the rear service to the property known as 20 Market Place.  The precise terms of the Enforcement Notice, including all time periods, to be delegated to the Assistant Director (Planning and Regulation).

2.    That subject to an appointed solicitor by the Council being satisfied as to the evidence, the Assistant Director (Planning and Regulation) be authorised to take all steps necessary, including prosecution or any other litigation/works in default to secure compliance with the Enforcement Notice.

3.    That in the event of any appeal against the Enforcement Notice, the Assistant Director (Planning and Regulation) be authorised to take any action required to defend the Enforcement Notice and any appeal against the refusal of planning permission.