Agenda item

10.1

The Director of Development Services submitted a report informing Members of a breach of Listed Building and Advertisement Control in respect of unauthorised advertisements and painting of the shop front to a Grade II listed building at 142 Devonshire Street.

10.2

The report stated that a complaint, from a Conservation Officer, was received on 27 January 2015, concerning painting of the shop front without listed building consent.

10.3

On 16 February 2015 correspondence was entered into with the owners of the property informing them that because it was a Grade II listed building, listed building consent was required for works of this nature. They were also advised that the garish colour scheme painted on the shop front was unacceptable as it was at odds with the character of the wider building.

10.4

The business owner contacted the Local Planning Authority and explained that, whilst he had no intention of repainting the shop front in a more acceptable colour, he would be submitting an application for Listed Building Consent, even though it was reiterated that it was unlikely that this would be successful.

10.5

On 19 May 2016, representatives from the Local Planning Authority met with the business owner, and during this meeting, it was explained why the current colour scheme was unacceptable; and also that the advertisements he had attached to the building’s façade and shop front were also not in keeping with the character of the building. He was also made aware of the options available to enable him to resolve this matter.

10.6

As a result of this meeting, the business owner confirmed that he would apply for the necessary consents and was given a period of 28 days in which to do so.

10.7

To date, no attempt had been made by the owner to either submit any formal applications or to rectify this matter, although officers remained willing to work with him to try to secure a solution that will see the restoration of the building’s original character as well as trying to accommodate his wish to display the union flag in some form. In the absence of any willingness on the owner’s part to resolve this matter, there was no option but to report this matter to the Committee.

10.8

RESOLVED: That (a) the Head of Planning be authorised to take any appropriate action including, if necessary, enforcement action and the institution of legal proceedings to secure removal of the unauthorised advertisements and the repainting of the shop front at 142 Devonshire Street in a colour scheme that was more in keeping with the original 19^th century characteristics of the building; and

(b) the Head of Planning, in liaison with a Co-Chair of this Committee, be authorised to vary the action in order to achieve the objectives hereby confirmed, including taking action to resolve any associated breaches of control.