Agenda item

12.1

The Director of Regeneration and Development Services submitted a report informing Members of a breach of planning control in respect of an unauthorised conservatory at 36 Stanwood Crescent, Stannington.

12.2

The report stated that a complaint was received about a large conservatory, which was already completed (after 30^th May 2013). A visit from officers confirmed that the conservatory projected from the rear of the house by 5.7m and that it was erected without planning permission and in contravention of the new prior notification procedure contained in the new - Town and Country Planning (General Permitted Development) (Amendment) Order 2013 – ‘GPDO’ - as it related to household development.

12.3

The original GPDO had been amended for a temporary period of 3 years (from 30/5/13 to 30/5/16) to allow larger rear extensions than would otherwise be allowed under the household ‘permitted development’ (PD) that was brought into force in 2008. In the case of a semi-detached house, under the new permitted development rights, a single storey extension at the rear of the house could project up to 6m without the need to apply for planning permission provided certain conditions in the GPDO were complied with. Previously, the maximum allowed was a 3m projection under Class A.1 (e). The GPDO was amended as of 30/5/13 by the insertion of a new line which described the circumstances and conditions of when larger extensions were allowed.

12.4

One of the conditions under the new PD was that a prior notification process should be followed whereby the developer must send details of the proposal to the Local Planning Authority (LPA). The LPA then would notify immediate neighbours about the proposal and if no representations were made in response the development can proceed as permitted development.

12.5

If an objection was received then the ‘prior approval’ of the Local Planning Authority was required for the development. At this point, the Local Planning Authority must consider the impact of the proposal on the amenity of all adjoining premises.

12.6

In this case, the extension (conservatory) was begun and completed without the Local Planning Authority being notified. This extension fell within the 6m limit set out in the new household PD, however because the Local Planning Authority was not notified it did not benefit from the PD conditions and it was therefore unauthorised. In addition, an objection had already been received from a neighbour, so the approach taken by officers in this matter was to assess any harm caused by the impact of the conservatory on the amenity of all the occupiers of a neighbouring property.

12.7

RESOLVED: That:-

(a)

the Director of Regeneration and 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 removal of the unauthorised rear extension at 36 Stanwood Crescent; and

(b)

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