Agenda item

Enforcement.

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/14/0009/B, no further action be taken regarding the breach of condition.  Members were referred to the additional representations schedule for additional information regarding the breach of condition.

In response to a query from Councillor M Alexander, the Director confirmed that taking no action did not mean that planning permission would be granted by default.  The planning application to regularise the situation had been withdrawn and the breach of condition would remain unauthorised if Members took no action. 

The Director stated that the unauthorised use might cease of its own accord and the situation might become lawful over the passage of time, if the site remained in continuous use for a period 10 years.  Councillor P Moore stated that, given that there had been a clear breach of condition, she was unsure why the Committee were debating the issue of whether or not to taken enforcement action.

The Director reminded the Committee that national enforcement policy guidelines stipulated that enforcement action should not automatically follow a breach of planning control.  Members must consider whether the unauthorised breach of condition was sufficiently harmful to make it expedient to authorise enforcement action.

The Director advised that the planning policy of the Authority expressly supported the reuse of rural buildings for commercial uses.  Officers remained of the view that it was not expedient to take enforcement action and Officers also felt that it would be difficult to justify enforcement action in policy terms.

Councillor M Alexander stated that the current situation of an unauthorised use and no planning application to regularise the breach of condition could only be satisfactorily addressed by enforcement action, which would either invite an appeal or a planning application to regularise matters on this site.

Councillor P Moore referred to a letter of representation which had been received from a person who kept horses in Mangrove Lane.  The letter stated that the company who sold vehicles from this site added considerable traffic to the Lane and the company specialised in high performance vehicles and they often moved at high speed along Mangrove Lane, which was also used by horses from a nearby equestrian centre.

In response to comments from Councillor D Andrews, the Director advised that informal dialogue with the landowner and the appellant had taken place and was ongoing.  Members were advised that there was a risk that, should the current unauthorised use cease, a further breach of planning control could be reintroduced at any time and reported to Members as an enforcement matter.

Councillor M Alexander stated that there was a well respected planning system in East Herts and he was concerned that the appellant was seeking to bypass this system.  He expressed concerns that taking no action would set a dangerous precedent.  Councillors G Williamson and N Symonds also expressed concerns in respect of taking no action.

Councillor M Alexander proposed and Councillor G Williamson seconded, a motion that enforcement action be taken without further consultation to secure the cessation of the unauthorised use of the upper floor of the detached garage in breach of condition 3 of planning permission ref.3/06/0604/FP with a period for compliance of 3 months from the date that the notice comes into effect, on the basis that the site was within the Metropolitan Green Belt as defined in the East Herts Local Plan where policy seeks to restrict development.

The Director advised that the authorisation of enforcement action was sometimes sufficient to secure compliance regarding beaches of planning control.  Officers did not always serve an enforcement notice as the enforcement authorisation from the Committee sometimes made this unnecessary.

After being put to the meeting and a vote taken, this motion was declared CARRIED.  The Committee rejected the Director’s recommendation that no further action be taken regarding the breach of condition in respect of the site relating to E/14/0009/B.

RESOLVED – that in respect of E/14/0009/B, the Director of Neighbourhood Services, in conjunction with the Director of Finance and Support Services, be authorised to take enforcement action without further consultation under Section 171 and/or Section 187 of the Town and Country Planning Act 1990 and any such further steps as may be required to secure the cessation of the unauthorised use of the upper floor of the detached garage in breach of condition 3 of planning permission ref.3/06/0604/FP

Period for compliance:

3 months from the date that the notice comes into effect.

Reason why it is expedient to issue an enforcement notice:

1.            The site lies within the Metropolitan Green Belt as defined in the East Herts Local Plan where policy seeks to restrict development.