Agenda item

9.1

The Director of Development Services submitted a report on his investigation into complaints received concerning a breach of planning control, related to the unauthorised use of an outbuilding as a vehicle repair garage at the rear of 7 Southey Hill.  The report stated that, whilst the occupier stated the property was only repairing cars for his own personal use, it had been established that vehicle parts were being advertised for sale.  To ascertain more details in respect of this matter, a Planning Contravention Notice was served on 21 September 2012 to the occupier of the building and on 27 September 2012 to the owner of the property, although a response had not been received. 

9.2

It was considered that the use of the building as a vehicle repair garage was an inappropriate use in a Housing Area.  In particular, the use of tools, power equipment, movement of vehicles and other associated activities in close proximity to residential properties could be a source of excessive noise and disturbance to the living conditions of the neighbouring residents.  The location of the building also allowed for the possibility of vehicles being repaired outside, further increasing the problems of noise and disturbance to local residents and that the parking of vehicles on the access drive and on the road could be detrimental to highway and pedestrian safety.

9.3

RESOLVED: That authority be given to the Head of Development Services or Head of Planning to:-

(a) institute legal proceedings under section 171D of the Town and Country Planning Act, 1990 against the recipients of the Planning Contravention Notice served on the property occupier on the 21 September 2012 and on the property owners on the 27 September 2012 at 7 Southey Hill for failing to reply to the Notice; and

(b) take all appropriate steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the cessation of the unauthorised use of the property as a vehicle repair garage and require the removal of all vehicles, tools and equipment in connection with the unauthorised use from the property at 7 Southey Hill.