Decision details

The Committee received a report requesting authorisation to take formal enforcement action.

The report sought authority to delegated authority to serve an Enforcement Notice to address the unauthorised development at 22 Kingston Street, Cambridge namely, “The erection of loft dormer without planning permission”.

Councillor Blencowe suggested that the owner of the property was aware of the expectation that he would make changes to the dormer extension. An appeal against the refusal of the revised application was on-going and could be undetermined until late May. Deferring a decision on this matter until June would add clarity to the situation.

In response to Members’ questions the Planning Investigations Officer confirmed the following:

     i.        Should the new design be approved, there would be no guarantee that this would be delivered and the unauthorised built removed.

    ii.        Provided clarity on timeframes: a notice would be served and remedial action required within 12 months.  The owner of the property would have 28 days to appeal the decision.

   iii.        Confirmed that the property was in a conservation area.

The Head of Planning suggested that the Committee approved the Officer’s recommendation and that the notice be drafted but not served. Once the on-going appeal had been decided the notice would be served and a verbal report on the outcome will be brought to committee for further consideration.

The Legal Adviser stated that the notice needed to be served in order to encourage the owner to take action.

The Committee:

Resolved (unanimously) to accept the officer recommendation:

     i.        to authorise an enforcement notice under S172 of the Town and Country Planning Act 1990 (as amended) in respect of a breach of planning control, namely the unauthorised operational development consisting of the erection of a rear loft dormer at 22 Kingston Street specifying the steps to comply and the period for compliance set out in paragraphs 5.2 and 5.3, for the reasons contained in paragraph 5.4.

    ii.        to authorise the Head of Planning Services (after consultation with the Head of Legal Services) to draft and issue the enforcement notice.

   iii.        to delegate authority to the Head of Planning Services (after consultation with the Head of Legal Services) to exercise the Council’s powers to take further action in the event of noncompliance with the enforcement notice.

  iv.        to delegate authority to the Head of Planning Services (after consultation with the Head of Legal Services) on the timeframe for serving the notice once the appeal decision was known.