Agenda item

To consider a breach of servicing condition.

The Committee considered a report in respect of application 23/00774/ENF seeking permission to issue an Enforcement Notice and served by the Assistant Director of Planning and Regulation and subject to an appointed solicitor by the Council being satisfied as to the evidence requiring compliance with condition 1 (Servicing) attached to planning permission reference 06/00177/FP (Allowed under appeal: APP/K1935/A/06/2031844) in relation to ASDA Stores Ltd, Monkswood Way, Stevenage.

It was RESOLVED that application 23/00774/ENF:

1.     Issue an Enforcement Notice including all time periods.

2.     Enforcement Notice to be delegated to the Assistant Director of Planning and Regulation.

The Committee considered a report on planning application 23/00774/ENF to consider a breach of servicing condition.

The Officer explained the enforcement site comprises ASDA superstore. The main customer car park and access to the store is from Monkswood Road. The service road for deliveries is located to the rear of the store along London Road. It comprises an outside yard where vehicles turn and reverse into a large storage and unloading area within the store. There are large, railed, manually operated gates giving access to a service road which leads onto London Road. There is a row of houses adjacent to the service road fronting onto London Road to the south, and the service road runs alongside the side elevation of the house at the end of the row. Northwest of the site across London Road is Six Hills House, formally an office building now converted to flats under permitted development. Directly opposite the service yard is Kings Court a vacant office building and to the south, the Royal Mail Delivery Office. The character of the surrounding area is therefore a mix of residential and commercial uses.

The store was subject to a planning condition restricting deliveries to 07.00 – 21.00 Mondays to Saturdays and 07.00 – 15.00 on Sundays and Public or Bank Holidays. However, deliveries are taking place 24 hours a day in breach of the terms of the condition, which is causing late night and early morning noise disturbance to residents living locally resulting in ongoing complaints to the Council.

-        The Committee queried whether there had been informal discussions with Asda and officers stated there has been no response due to the breach of condition and they want to operate 24/7. No noise assessment has been conducted and officers provided suggested alternative delivery hours to align with their approved store opening hours yet received no response from Asda.

-        Councillors questioned what the impact on local residents is and if there are any precedents. It was explained the impact would be reversing alarms at all hours plus loading/unloading of cages/forklift trucks and the legislation shows the planning law gives powers to enforce planning conditions.

It was RESOLVED that application 23/00774/ENF:

1.     Issue an Enforcement Notice including all time periods.

2.     Enforcement Notice to be delegated to the Assistant Director of Planning and Regulation.

-        That an Enforcement Notice be issued and served by the Assistant Director of Planning and Regulation and subject to an appointed solicitor by the Council being satisfied as to the evidence requiring compliance with condition 1 (Servicing) attached to planning permission reference 06/00177/FP (Allowed under appeal: APP/K1935/A/06/2031844) in relation to ASDA Stores Ltd, Monkswood Way, Stevenage. The precise terms of the Enforcement Notice, including all time periods, to be delegated to the Assistant Director of Planning and Regulation.

-        That, subject to an appointed solicitor by the Council being satisfied as to the evidence, the Assistant Director of 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. That in the event of any appeal against the Enforcement Notice, the Assistant Director of Planning and Regulation be authorised to take any action required to defend the Enforcement Notice and any appeal against the refusal of planning permission.