Agenda item

9.1

The Director of Regeneration and Development Services submitted a report on his investigation into a breach of planning control in respect of the unauthorised erection of a 20.9 metre high telecommunications mast, supporting three antennae and two transmission dishes and an associated ground based equipment compound enclosed by a 1.8 metre high palisade fencing and containing radio equipment cabinet and earth rod at land adjacent to Bailey Bridge, Effingham Street.  The report stated that the mast was originally erected under emergency powers, to provide continued network coverage to the Burngreave area following the decommissioning of equipment at the site at Tempered Springs Company Ltd.  It was stated that planning application Case No 12/01093/FUL and a lawful development certificate Case No 12/03522/LU1 to retain the mast and equipment at the site had been refused permission, and that subsequent appeals to the Planning Inspectorate concerning the planning application and lawful use certificate had also been dismissed.

9.2

An assessment of the mast and equipment considered that owing to its design, size, prominent siting and proximity to the River Don and the refurbished Bailey Bridge, which forms the entrance to the Five Weirs Walk, the development detracted from the setting and appearance of the River Don and detrimentally affected the appearance of the street scene.  As such the development was considered contrary to Policies IB9, BE14 and GE17 of the Unitary Development Plan.

9.3

RESOLVED: That (a) authority be given to the Director of Regeneration and Development Services or the Interim Head of Planning to take all necessary steps including enforcement action, the service of a temporary Stop Notice, a Stop Notice and, if necessary, the institution of legal proceedings, including injunctive action, to secure the removal of the unauthorised mast, associated equipment, fencing and compound and the reinstatement of the ground to its original condition at land adjacent to Bailey Bridge, Effingham Street; and

(b) delegated authority be given to the Interim Head of Planning, in consultation with the Chair (Councillor Alan Law), to vary the action authorised to achieve the objectives hereby confirmed, including taking action to resolve any associated breaches of planning control.