Agenda and minutes

  The Chair welcomed everyone to the meeting and asked Members and Officers to introduce themselves.  The Chair informed the Panel that further legal advice would be provided and asked Panel to consider whether the public should be excluded to enable such discussions to take place

  RESOLVED – That the public be excluded from the meeting during discussions on legal aspects of the case, with it being considered as if members of the public were present there would be disclosure to them of exempt information as designated as follows:

  Discussions referred to in minute 100 under Schedule 12A (3) Local Government Act 1972 and the terms of Access to Information Procedure Rule 10.4(5) and on the grounds that there would be disclosure of information in respect of which a claim to legal professional privilege could be maintained.  It is considered that if this information was in the public domain there would be potential legal implications in respect of the information discussed

  There were no formal late items.  However, the Panel was in receipt of a supplementary report setting out the latest position in respect of this matter.  A copy of this report had been circulated in advance of the meeting and published on the Council’s website (minute 100 refers)

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct. 

  There were no declarations of disclosable pecuniary interests

  Apologies for absence had been received from Councillor A McKenna, with Councillor P Gruen substituting.  Apologies for absence had also been received from Councillor Wadsworth

To consider a further report of the Chief Planning Officer on the current situation in respect of the development granted by planning permission 14/00575/FU for a 4 bedroom detached house incorporating basement accommodation (part retrospective)

(report attached)

  Photographs were displayed at the meeting

  The Panel considered two reports of the Chief Planning Officer setting out the current situation in respect of this matter and providing further information on issues resolved by Panel at its meeting held on 29^th October 2015

  Officers presented the reports and informed Members that in terms of proceeding to demolition of the structure, in line with procurement rules, three tenders for this work had been obtained.  In respect of two of the tenders, further information was being sought to clarify aspects of the quote

  On the issue of demolition, the Council would need to give 7 days notice of the intention to enter on the land and commence demolition and that following further correspondence with the applicant’s legal representatives, it had been stated that the applicant’s legal advisers would progress injunctive relief through the High Court once this notice had been served

  In respect of the safety concerns raised by Panel, the Council’s Building Control Enforcement Officer had undertaken a site visit and advised that in his opinion, the building did not constitute a dangerous structure.  Members were informed that as the applicant had elected to use his own Approved Building Inspector, the Council did not have the ability to become involved in Building Control matters related to this case.  Members were also informed that the local residents’ association had lodged a complaint with the applicants approved building inspector and this matter was being considered under the organisation’s complaints procedure. The Panel noted that although an invitation to the approved building inspector to attend this meeting had been issued, no representative of this organisation was in attendance

  Further correspondence from the applicant’s legal advisers had also been received in respect of the structure of the building, with Members being informed that a Structural Engineer appointed by the applicant had recently visited the site and had reported that the structure was robust and stable and that there were no reasons to consider it a dangerous structure.  The letter also highlighted the inability of a final practical completion certificate being issued due to the complaint which had been lodged

  On the issue of taking enforcement action to require the tidying up of the site, Members were informed that if a Section 215 Notice was served, the applicant would have a right of appeal to the Magistrates Court.  Furthermore, Section 215 Notices should not relate to works which constituted building works as part of the implementation of a planning permission and accordingly it was not considered appropriate at this stage to serve a Section 215 Notice. To progress this issue, Officers would write to the applicant and request that the site be tidied up.  Members were also informed that an application had been received for the works to the TPO trees

  Councillor R Grahame joined the meeting at this point

  The Chair invited the Building Control Surveyor (Enforcement) who had carried out the survey and the Building Control Manager to address the Panel and respond  ...  view the full minutes text for item 100.

Thursday 3^rd December 2015 at 1.30pm

  Thursday 3^rd December 2015 at 1.30pm in the Civic Hall, Leeds