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The Committee
received an application for planning enforcement action to be taken due to a
breach of condition relating to separate use of an annex.
Mr Salam (Occupier)
made the following points:
i.
The annex
had originally been intended for use by his Mother so she could live near the
family home.
ii.
Although
the annex had been built, it was not used as his Mother passed away. The annex
remained empty until circa 2014.
iii.
As the
annex was unused living space, it was rented out to a mutual friend.
iv.
The
current use does not impact on neighbours’ amenity. There are no negative
issues eg noise or lack of light. There is no difference in renting out the
annex to a family friend compared to it being used by Mr Salam’s Mother.
v.
Due to
the wording of conditions, it is difficult to comply with them in their current
form.
The Committee:
Unanimously
resolved to accept the
officer recommendation 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 breach of
condition 4 of planning permission reference number 10/0691/FUL specifying the
steps to comply and the period for compliance set out in paragraphs 9.2 and
9.3, for the reasons contained in paragraph 9.4.
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.