Agenda item

To consider a report of the Chief Planning Officer on unauthorised works which are being carried out on this property

(report attached)

  The Panel’s Lead Officer introduced a report which related to unauthorised works to a dwelling at Reighton House Moor Lane East Keswick, which was sited in the Green Belt and was the a subject of a Members site visit earlier in the day

  Plans, drawings and photographs were displayed at the meeting

  The purpose of the report was to obtain a steer from Panel as Officers were of the view that works which had been carried out to the property were in breach of the Certificate of Lawful Development.  The applicant had removed the roof of the dwelling which Officers considered should have been retained

  The recommendation before Panel was to monitor the works on the site and in the event that the resultant dwelling was of the same design and form as that shown on the plans approved under application 13/04348/CLP, that no enforcement action be taken.  If Members did not accept this recommendation, the Panel’s Lead Officer suggested that the matter be deferred to enable Counsel’s opinion to be obtained due to the complexity of the case and the issues around enforcement matters, with a further report being brought to Panel setting out Counsel’s opinion

  However, in view of the next scheduled panel meeting being in January 2015 and the developer indicating the works were to be progressed, the Panel’s Lead Officer suggested delegating the course of action to Officers in consultation with the Chair and a small number of Panel Members to consider Counsel’s advice

  Members were informed that the Certificate of Lawful Development had been issued by the Council and that the key area of dispute between Officers and the developer was in respect of the removal of the roof.  The applicant had been contacted in August and substantial demolition works had ceased, however the works had gone beyond those on the Certificate, with Officers being of the view that the works on the Certificate could not be implemented as there were no PD rights to reinstate the roof.  The applicant had been asked to submit a planning application for the works but had declined as it was felt that the works could still be implemented as in the Certificate

  A representation which had been received from Councillor R Procter on behalf of all three Ward Members was read out to Panel

  Members discussed the report and information presented by the Panel’s Lead Officer, with the main issues being raised relating to:

·  the issuing of Certificates of Lawful Development; that Elected Members were no longer being notified of these and that where a request was made for the matter to be considered at Panel, this should be agreed

·  the difficulty of presenting volume calculations in this case in view of the total removal of the roof of the dwelling

·  that whilst the area was accustomed to large, substantial dwellings, the main concerns were in respect of the process

·  the photographs displayed at the meeting; that these did not show the extent of the footings which had been dug and that work had not stopped

·  the need for a planning application to be submitted and the visual impact of the works on site

·  that if the works were a breach, then enforcement action should be taken

·  the importance of clearly briefing Counsel on the Panel’s steer

The Head of Planning Services informed Members that the issue was

around the Certificate which was not a planning application and that it was a determination whether what was proposed could be carried out as PD.  Under such applications, the planning merits did not fall to be considered; it was simply dealt with on its facts and whether or not it constituted permitted development.  Large extensions could be constructed as permitted development and sometimes these were larger than the Council’s planning policies in the Green Belt would allow

  There was a history of long discussion with the applicant and that it was unlikely for any planning permission to be judged against the 30% policy in respect of permitted extensions in the Green Belt.  Officers had concluded that the works had not been implemented as set out in the Certificate, but this had not been accepted by the applicant.  Members were advised that a difficult situation could develop

  The Panel continued to discuss the report with concerns being raised about the effectiveness of Certificates of Lawful Development; the need for Ward Members to be informed about their submission and the opportunity given to Councillors to make representations on them.  Concerns were also raised about the approach taken by Officers in this case

  Discussion on the suggestion made by the Panel’s Lead Officer on taking urgent enforcement action, if required, in consultation with the Chair and a number of the Panel took place, with concerns being raised that this was not an appropriate way to consider the matter.  The possibility of convening a Special Meeting of North and East Plans Panel to consider Counsel’s opinion was suggested

  RESOLVED -  That Counsel’s opinion be sought on whether a breach has occurred and what enforcement action could be taken and if not, when a breach would occur and what action could be taken, with a further report setting out these details to be presented to Panel and to note that the Panel wished to see the submission of a planning application in this case