Decision details

The Committee received a report from the Planning Enforcement Officer requesting that members instruct officers to withdraw the enforcement notice and close the enforcement investigation.

A Planning Enforcement Notice was served for the removal of a loft dormer following retrospective refusal of planning permission and subsequent dismissal of an appeal by the Planning Inspectorate. New information had to come to light during the enforcement appeal process that on the balance of probabilities shows the dormer likely to be immune from enforcement action.

The Committee:

Unanimously resolved to accept the officer recommendation:

       i.          Authorised the withdrawal of the enforcement notice as per withdrawal notice description set out below:

NOTICE IS HEREBY GIVEN that Cambridge City Council, in accordance with its powers contained in Section 173A of the Town and Country Planning Act 1990 (as amended by the Planning and Compensation Act 1991) (and without prejudice to its powers to issue another Enforcement Notice) HEREBY WITHDRAW the Enforcement Notice issued on the 15th August 2017 relating to 83 Searle Street, Cherry Hinton, Cambridge, Cambridgeshire, CB4 3DD (“the Premises”) which required you within the period of six calendar months from the date when the Enforcement Notice would take effect to: -

·       Permanently remove the rear loft dormer erected (outlined in blue on attached plan for identification purposes only) at the Land.

·       Make good the works undertaken and restore the roof to its former condition using matching materials and colour of the existing roof.

·       Remove all resulting materials from the premises.

The said Enforcement Notice was appealed against to the Planning Inspectorate before it came into effect from 14th September 2017. The said Enforcement Notice has no effect as it has been withdrawn due to information received by the local planning authority as part of the said appeal. Dated this 6th of December 2017

     ii.          Authorised the Head of Planning Services (after consultation with the Head of Legal Services) to draft and issue the withdrawal notice and notify the Planning Inspectorate of the decision.