Agenda item

9.1

The Director of Development Services submitted a report informing Members of a breach of planning control in relation to the unauthorised retention of buildings and use of land and building as a builder’s store and compound, Whirlow Elms Chase.

9.2

The report stated that planning approval was granted in 2008 for 5 dwelling houses and garages, reference 07/04759/FUL. Subsequent to this there have been 2 more applications relating to the substitution of house types. These have included amendments to the design of the houses such as the addition of solar panels and conservatories.

9.3

During these planning applications there were a number of representations received. These covered a variety of issues such as increase of traffic in area and the impact/disturbance caused by the development on the nearby protected species.

9.4

The area that was the subject of the report was previously occupied by the school caretaker’s house and was shown on all approved plans as a reclaimed landscaped area. Demolition of the caretaker’s house was an important consideration in the assessment of an acceptable level of built form on the site, taking into account the impact of the development upon the Green Belt, and ensuring its open character was maintained. None of the plans on any application showed this area as anything but an open landscaped area. Indeed, the demolition of the former building was detailed in the following condition:-

“No dwelling house shall be occupied prior to demolition of the former caretaker’s dwelling house.”

9.5

The houses were completed and were occupied. The development was completed apart from the area which was the subject of the report, which was required to be landscaped. The failure to demolish this was therefore a breach of condition 15 of 11/01022/FUL.

9.6

The developer has maintained that he has complied with the wording of the appropriate planning condition. He has claimed that the boiler house did not form part of the caretaker’s house and therefore as such did not need to be demolished.

9.7

It was officer opinion that as the boiler house was attached to the house that occupied the site then the condition covered all aspects of the building and therefore this would have led to the site being left as indicated on the approved plan.

9.8

The developer attended the meeting to make representations against the recommendation to enforce and submitted a variance of condition application. Also in attendance was a member of the public speaking in favour of the recommendation on behalf of local residents.

9.9

RESOLVED: That:-

(a)

the Director of Development Services or Head of Planning be authorised to take any appropriate action including, if necessary, enforcement action and the institution of legal proceedings to secure the complete demolition of remaining caretaker’s house buildings, the cessation of the land as a builder’s store and compound and full implementation of the landscaping proposals for the site; and

(b)

delegated authority be given to the Head of Planning, in consultation with the Chair of the Planning and Highways Committee, to vary the action authorised to achieve the objectives hereby confirmed, including taking action to resolve any associated breaches of planning control.