Agenda item

13.1

The Director of Regeneration and Development Services submitted a report updating Members about a breach of planning control in respect of the erection of a rear extension at 17 Fielder Mews and making recommendations on any further action required in light of Government changes to household permitted development and following a Committee resolution dated 8^th April 2013 to take enforcement action.

13.2

The report stated that a 6m projecting single storey extension attached to the rear of the house was substantially completed around October 2012 without planning permission. It was built in two stages, the first being a 3m projection within the permitted development (PD) limits of the time. The builder incorrectly advised the owner that the household PD allowance had been relaxed to allow 6m projecting extensions without the need for planning permission. The temporary relaxation of PD was to become law later and was in force by 30^th May 2013.

13.3

Following the builder’s advice the extension was lengthened to the 6m projection. A complaint was received alleging that a separate self-contained two storey living accommodation was being constructed. The complainant was not a neighbour of 17 Fielder Mews and he was motivated by concerns that a new dwelling was being created. The extension remained one storey when completed.

13.4

A retrospective application was refused on 8^th April 2013 at the former City Centre, South and East Planning and Highways Committee with authority for enforcement action, taking into account the relevant Unitary Development Plan policy and Supplementary Policy Guidance for house extensions.

13.5

Having regard to the recent changes in legislation it was proposed that no further action be taken in respect of the extension for the following reasons:-

(a) after the Committee decision was made and following the introduction of the new temporary PD limits (three weeks later), letters were sent to the neighbouring properties explaining that enforcement action was authorised to remove the extension and further letters were sent explaining the changes to PD. The letter asked if there were any objections to the 6m extension. This extra consultation letter was similar to that required under the new PD conditions, which were in force by then.

(b) it was 7 weeks since the extra consultation letter was sent and no objections had been received;

(c) if the extension was wholly taken down or part taken down (to the usual 3m projection), it could be immediately rebuilt to the new 6m PD limit, provided no objections were received from neighbours, following a prior notification process; and

(d) the 6m PD limit and any absence of neighbour representation could be taken into account by any Planning Inspector at appeal.

13.6

RESOLVED: That in light of the Government’s changes to the Town and Country Planning (General Permitted Development) Order, relating to the temporary relaxation of household permitted development limits for rear extensions, and the absence of objections from immediate neighbours, the Director of Regeneration and Development Services or Head of Planning be authorised to take no further action pursuant to the Committee resolution of 8^th April 2013 in connection with the single storey 6m projecting rear extension at 17 Fielder Mews.