Agenda item

To consider a recommendation to authorise enforcement action

Referring to the Committee’s decision at its previous meeting to refuse retrospective planning permission for the erection of 14 residential apartments with parking and shared grounds at the above property, the Committee considered a report by the Group Manager – Development Management which set out the issues to be considered on this matter and concluding that an Enforcement Notice be served accordingly.

The Senior Planning Officer reported on the matter with a power point presentation.

The public speakers made their statements in favour of and against the proposed enforcement action. The Ward Councillor for Widcombe, Councillor Ben Stevens, and the Ward Councillors for Oldfield, Councillors Will Sandry and David Dixon, made statements in support of enforcement action.

The Senior Planning Officer referred to a number of errors in the report relating to dates, namely, last line of page 50 of the Agenda should read 12^th September 2014 (not 2012), 2^nd line of page 52 should read 8^th April 2015 (not 2014), and 3^rd paragraph of page 52 should read 20^th April 2015 (not 17th). She stated that an appeal had been lodged against the refusal of planning permission and that, despite the Developer’s written indication that the building could be modified, no amended plans had been received. She further reported on the number of representations received for and against enforcement action and that Historic England supported enforcement action. In response to an enquiry by the Chair, she set out the options available to the Committee to resolve the matter.

After some questions by Members for clarification, Councillor Martin Veal expressed disappointment that there was a substantial disparity between the building and the approved plans resulting in an unauthorised building in a sensitive site. However, he felt that total demolition was not the answer and therefore moved that the report be deferred pending the decision of the Planning Inspectorate on the appeal. The motion was not seconded.

Councillor Dave Laming referred to correspondence from the Developer regarding building control and the use of a steel frame and sought clarification to which the Chair responded. The Senior Planning Officer advised that the Building Control issues were separate to the planning issues and she had not been involved in discussions regarding the steel frame. Councillor Dave Laming then moved the Officer recommendation set out in the report, namely, to delegate authority to the Officers to issue an Enforcement Notice requiring the demolition of the building and the restoration of the site within 6 months. The motion was seconded by Councillor Rob Appleyard.

Members debated the motion. Some Members considered that total demolition was unnecessary and that enforcement action could be deferred pending the outcome of the appeal against refusal of permission. Other Members considered that enforcement was the logical conclusion as the building was unauthorised. A clear message needed to be sent to the Developer that such works would incur serious consequences. The integrity of the planning system and of this Committee was at stake. A blatant disregard had been shown for the planning process and this Committee were in a position to show its integrity by taking enforcement action.

After a full discussion, the Chair summed up the debate and put the motion to the vote which was carried, 9 voting in favour and 4 against.

(Note: After this decision at 3.35pm, the Committee adjourned for 10 minutes for a comfort break)