Council and democracy
Home > Council and Democracy > Issue
50 EN/0378/14 - 45 Elfleda Road PDF 79 KB
Minutes:
The Committee received a report requesting authorisation to take formal enforcement action.
The report sought
authority to serve an enforcement notice.
Site: 45 Elfleda
Road
Breach: Unauthorised
operational development relating to the erection of a roof dormer
The Committee received a representation in objection to enforcement
action from Mr Davis.
The representation covered the following issues:
i.
A complaint had been made against the Officers
undertaking enforcement action.
ii.
Took issue with details in the Officer’s report.
iii.
Human Rights and Equality Act issues needed due
consideration.
iv.
The occupier of 45 Elfleda Road did not speak
English as her first language, so had difficulty understanding the planning
process and its requirements.
v.
Suggested it was inappropriate to require the full
removal of the dormer window.
vi.
Suggested the Council had not assisted the occupier
of 45 Elfleda Road or followed due process.
Councillor Smart proposed an amendment to the Officer’s recommendation
that the period for compliance be extended from 6 months to 8.
This amendment was carried
unanimously.
The Committee:
Resolved (unanimously to accept the
officer recommendation (as amended) to:
i.
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 roof dormer at 45 Elfleda Road specifying the steps to comply
and the period for compliance set out in paragraphs 5.2 and 5.3 of the
Officer’s report, for the reasons contained in paragraph 5.4.
ii.
Authorise the Head of Planning Services (after
consultation with the Head of Legal Services) to draft and issue the
enforcement notice.
iii.
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.