Agenda item

11.1

The Director of Regeneration and Development Services submitted a report informing Members of an error in the recommendation relating to an application for planning permission in respect of 111 Page Hall Road which was considered at the Planning and Highways Committee on 26 August 2014, and to make recommendations on further action required.

11.2

The report stated that the application, which was retrospective, was for cladding of the house with insulated render which was refused. It was also agreed that the Director of Regeneration and Development Services or the Head of Planning be authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the traditional features that had been obscured by the cladding were re-instated.

11.3

Unfortunately, at the time of writing the report on 111 Page Hall Road, officers were unaware of an earlier Enforcement Report which was agreed at the Planning and Highways Committee on 24 June 2014. This report addressed the unauthorised installation of external wall insulation (EWI), a form of cladding, to 31 houses on Staniforth Road, Earl Marshall Road and Page Hall Road. 111 Page Hall Road was included in this group of houses.

11.4

In considering whether or not the EWI render can be accepted as Permitted Development (PD), the view of the Council was that the replacement materials at the front needed to be of a similar colour and style as the existing material. A brick property would need a brick like finish, for example.

11.5

The assessment in paragraph 5.8 of the Enforcement report of the EWI finish to the front elevation of 111 Page Hall Road noted that the traditional stone heads and cills detail and the red brick finish had been lost due to over cladding, giving a blank finish to the front elevation, spoiling the look and character of the property and the wider terrace of houses as a whole.

11.6

The assessment in the officer report for the planning application considered on 26 August 2014 by the Planning and Highways Committee reached the same conclusion, resulting in the recommendation for refusal.

11.7

The Committee authorised action, including enforcement action and the institution of legal proceedings, if necessary, to prevent further harmful, unauthorised external wall insulation to elevations fronting the highway. However, the Committee also agreed that no further action be taken on addresses set out in paragraph 9.1 of the Enforcement report, which included 111 Page Hall Road.

11.8

It was the case, therefore, that two separate, differing courses of action have been agreed on the same property by the Planning and Highways Committee, following recommendations made by officers. Officers apologised for this. The reason it arose was because this planning application was submitted before the matter was reported as an enforcement matter. Hence, there was no record of an enforcement procedure registered against it. Current technical procedure effectively linked enforcement cases with subsequent planning applications intended to resolve a breach of planning control. Officers will be updating enforcement records to ensure that this does not happen again.

11.9

RESOLVED: That the Director of Regeneration and Development Services or Head of Planning be authorised to: (a) disregard the authority given at the meeting of the Planning and Highways Committee held on 26 August 2014 to secure the removal of the cladding at 111 Page Hall Road and (b) take no further action in relation to external wall insulation at 111 Page Hall Road, which had already been agreed at the meeting of the Planning and Highways Committee held on 26 June 2014.