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Decision Maker: Planning
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
On 1 July 2015
Planning Committee authorised the service of an enforcement notice for breach
of condition 4 of 10/0691/FUL relating to the separate use of the annex at 213
Huntingdon Road.
Since Members
authorised the notice, further legal advice was received indicating that the
breach of a planning condition relating to the separate residential use of the
annex is not subject to the usual ten year immunity rule for breach of
conditions, but would become immune from enforcement action after four years in
line with the immunity period for residential dwellings.
The Committee were
recommended to:
· Note the four
year immunity rule applies in relation to this breach of condition relating to
separate residential occupation.
· Confirm their
authorisation to draft and serve the enforcement notice (referred to in the
report from 1 July 2015).
· Approve the
alteration in the wording of the reasons for issue of the notice to refer to
four years instead of ten years.
The Committee:
Unanimously resolved (7 votes to 0) to accept the officer recommendation to confirm authorisation of the drafting and service of an enforcement notice (as set out in the Planning Committee Report of the 1 July 2015) and approve the alteration in the wording of the reasons for issue of the notice to refer to four years instead of ten years.
Report author: Debs Jeakins
Publication date: 25/09/2015
Date of decision: 05/08/2015
Decided at meeting: 05/08/2015 - Planning
Accompanying Documents: