Agenda item

Enforcement.

The Director of Neighbourhood Services recommended that, in respect of the site relating to E/12/0052/A, Members endorse the view that it was not expedient to issue and serve a planning enforcement notice in respect of the breach of planning control relating to the increased height of the two dwelling houses.

The Director referred Members to the additional representations summary, in particular, the objection from Braughing Parish Council and the response of Officers to that objection.

Councillor Mrs R Cheswright expressed her concerns that this was another retrospective application situation.  She was very concerned that the unauthorised increase in roof height of 300mm would allow future conversion of these properties into 4 and 5 bedroom houses at a later date.

Councillor T Page commented that not taking enforcement action went against what this Committee was tasked to achieve and the authority of the Committee would be undermined.  He stressed that taking no action would set a precedent that it was acceptable for developers to alter the specification of a development without permission.

Councillor A Burlton stated that if these houses had been applied for as they stood now, a planning permission might have been approved by the Committee.  He queried whether the extra roof height would have made any difference if this was an application due for a decision on the basis of the current size and scale of the two dwellings.

In response to comments from Councillor Mrs R Cheswright, the Director stated that the preferred option was for an application to be submitted to regularise the current situation.  The developer involved had indicated an application was forthcoming but to date this had not been submitted.

Members were advised that they should set aside the principle of the development being not in accordance with the plans.  The Director stated that the second option was to consider whether the application would have been approved had it been submitted on the basis of the current size and scale of the two dwellings.

The final option open to the Committee was to take formal enforcement action but Members must consider whether the unauthorised development was sufficiently harmful to justify such action.  The Committee would have to clearly articulate the harm in case a decision to enforce was subsequently challenged on appeal.

In response to a query from Councillor M Alexander, the Director advised that there was no indication as to why the roof height was too high.  This could have been a simple error of construction or an error that related to the materials used in building the two houses and a consequential need for a higher roof pitch.

In response to a query from Councillor Mrs R Cheswright, the Director stated that, if the developer had sold both houses, any enforcement notice would have to be served on the current occupiers of the properties.

In response to a comment from Councillor M Alexander, Councillor S Rutland-Barsby commented that if the houses had already been sold, no enforcement issues would currently appear on a local authority land charges search.

Councillor T Page proposed and Councillor M Newman seconded, a motion that, in respect of E/12/0052/A, the matter be deferred to the September 2012 meeting of the Committee.

After being put to the meeting and a vote taken, this motion was declared CARRIED.

The Committee rejected the Director’s recommendation that it was not expedient to issue and serve a planning enforcement notice in respect of the breach of planning control relating to the increased height of the two dwelling houses.

RESOLVED – that in respect of E/12/0052/A, the matter be deferred to the September 2012 meeting of the Committee.