Agenda item

To receive the report of the Chief Planning Officer to update the North and East Plans Panel in respect of the progress of the development granted by planning permission 14/00575/FU for a 4 bedroom detached house incorporating basement accommodation (part retrospective) and the applicant’s failure to comply with the terms of the unilateral undertaking.

(report attached)

Further to minute 53 of the North and East Plans Panel meeting held on 27th August 2015, where Panel considered an update report on this application, accompanied by an exempt appendix relating to legal advice, Members considered a further report of the Chief Planning Officer.

Plans and drawings were displayed at the meeting and a Members site visit had taken place earlier in the day.

Officers outlined the current position in respect of works to achieve a practical completion of the building and referred to additional correspondence received on behalf of the applicant requesting an extension of time for the completion of the works and from the Residents’ Association raising concerns about the lack of progress; the safety of the building, with Officers pointing out that the Building Control function in this case did not rest with the Council and further concerns relating to detailed elements of the build which were beyond the planning merits of the Panel

Relating to the concern raised about the impact on neighbours of an overhanging tree on the site, Members were informed that the Environmental Action Team had contacted the applicant and that as a result, the tree issues would be considered comprehensively

The discrepancies between what was on site and the approved plans were outlined and the difference in the position of some windows were highlighted, which were largely due to the alterations to reduce the depth of the building

At this point, having resolved to undertake a discussion in relation to legal advice in private, the public withdrew from the meeting

A copy of the legal advice from Counsel which had been provided to Panel at its meeting on 27th August 2015 was circulated to Members

The Panel discussed the current position as seen on site and possible options to resolve this long-standing planning matter

The Panel’s Legal adviser responded to queries from the Panel and provided information on issues relating to the Compulsory Purchase Act 1965 and the process of serving of a Notice for demolition of the property and matters contained within Counsel’s advice

Following these discussions, the public were readmitted to the meeting

In light of the legal advice Members had received on this matter, it was considered that three options were open to the Panel, these being:

1) whether the works to the property were at a stage where Members were content that no further action was required

2) that Officers should continue to monitor the works and bring back a further report

3) that the appropriate actions be taken to bring about the process for demolition of the property

Members discussed the options, with the second option being preferred at this stage, subject to regular progress reports being received and a strict deadline being set for completion of the works.  For the avoidance of doubt, the Chair stated that if Panel resolved to pursue the second option at this time, the possibility of demolition as set out in option three and provided for in the signed Unilateral Undertaking, had not been discounted

In terms of a deadline for completion of the works a period of three weeks was suggested, with Panel considering this was a reasonable timescale. The need for a list of the works to be undertaken needed to be agreed with the applicant and that regular progress reports, i.e. every two days should be provided to Panel Members and Ward Members

The Panel considered how to proceed. The Chair commented that he considered that the Local Authority had acted reasonably in this matter and if the applicant did not meet his obligations and within the specified timescale he could be seen as acting unreasonably

RESOLVED –

a) To note the report and the information provided as part of the verbal update

b) That in light of the previous resolution and the further works undertaken in implementing planning permission 14/00575/FU that Officers continue to monitor building works on the site and that:

• a list of works to bring about the practical completion of the external shell of the dwelling be agreed with the developer

• that such works be completed within three weeks from the 1st October 2015

• that Panel Members and Ward Members be updated on progress every two days

• that a further report be presented to Panel at its meeting on 29th October 2015