Agenda item

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/10/0369/B, legal proceedings and enforcement action be authorised on the basis now detailed.

The Director advised that Officers were working with the agent to secure a replacement shop frontage.  Members were advised that Officers had sought to take enforcement action and commence legal proceedings as the previous shop frontage had been ripped out of what was a listed building opposite Hertford Theatre.

In response to a query from Councillor R Gilbert, the Director detailed his recommendations and the reasons for them.  Officers were in discussions with the applicant to secure the removal of the unauthorised shop front and banner fascia.

The Committee supported the Director’s recommendation to commence legal proceedings and take enforcement action in respect of the site relating to E/10/0369/B on the basis now detailed.

RESOLVED – that (A) in respect of E/10/0369/B, the Director of Neighbourhood Services, in conjunction with the Director of Internal Services, be authorised to commence legal proceedings in respect of the alteration of a listed building in a manner adversely affecting its character as a building of special architectural or historic interest under Section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 by the removal of the original shop front and the display of advertisements without consent under section 224 of the Town and Country Planning Act 1990.

(B)  in respect of E/10/0369/B, the Director of Neighbourhood Services, in conjunction with the Director of Internal Services, be authorised to take enforcement action under Section 172 of the Town and Country Planning Act 1990 and/or Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and any such further steps as may be required to secure the removal of the unauthorisedshopfront and unauthorised banner fascia sign.

Period for compliance: 2 months.

Reasons why it is expedient to take legal action and/or issue an enforcement notice:

1.            The unauthorised shopfront and banner advertisement on the front elevation are detrimental to the historic and architectural character of the Listed Building and fail to sustain and enhance the significance of this designated heritage asset. The harm caused to the listed building is not outweighed by the criteria detailed in policy HE9 of PPS5 and the development is therefore contrary to policies HE7 and HE9 of PPS5.

2.            The shopfront by reason of its materials and detailed appearance is of a poor standard of design, unsympathetic to the context of the site and fails to take the opportunities available for improving the character of the area. It is thereby contrary to saved policies ENV1 and BH14 of the East Herts Local Plan Second Review April 2007 and national planning guidance in PPS1 'Delivering Sustainable Development' para 34.

3.            The unauthorised signage by reason of its size, siting, materials of construction is detrimental to both the character of the Grade II listed building and the visual amenities and character of the area.  It is thereby contrary to saved policy BH15 of the East Herts Local Plan Second Review April 2007.