Agenda item

11.1

The Director of Regeneration and Development Services submitted a report in relation to the unauthorised replacement of windows to the front and side of 263 Cemetery Road, facing Grange Crescent Road and Cemetery Road, the erection of a new soil pipe facing Cemetery Road, a new down pipe adjacent to the bay window facing Grange Crescent Road, the replacement of guttering and the erection of roof felt on the ground floor bay windows.

11.2

The report stated that a complaint was received on 16^th March 2013, regarding the replacement of windows at the property. A subsequent site visit was carried out and it was noticed that most of the original timber windows to the front and side of the property facing Grange Crescent and Cemetery Road had been removed and replaced with UPVC windows.

11.3

A site meeting was arranged with the representative of the owner of the property informing him that the property was within the Article 4(2) area and that there were no permitted development rights for alterations to dwelling houses fronting the highway. Therefore the replacement of the windows facing Grange Crescent and Cemetery Road without planning permission was unauthorised. It was suggested that a planning application for a more appropriate replacement should be submitted for the Council’s consideration. Several assurances had been given that an application would be submitted however, to date, no planning application had been received for the Council’s consideration.

11.4

On a further site visit it was also noticed that a new black UPVC soil pipe at first floor level had been installed at the front of the property facing Cemetery Road. The gutters above the ground floor bay windows had been replaced and new black UPVC guttering and new black UPVC down pipe had been installed adjacent to the bay window facing Grange Crescent Road and the roofs of the bay windows had been covered with roof felt.

11.5

RESOLVED: That the Committee delegates authority to (a) the Director of Regeneration and Development Services or the Head of Planning to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the removal of the unauthorised ground floor bay window facing Grange Crescent and all the windows at first and second floor, soil pipe, guttering, down pipe and roof felt; and

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