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EN/0378/14 - 45 Elfleda Road

Meeting: 04/03/2015 - Planning (Item 50)

50 EN/0378/14 - 45 Elfleda Road pdf icon PDF 79 KB


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.