Agenda item

8.1

The Director of Regeneration and Development Services submitted a report on his investigation into a breach of planning control regarding the failure to comply with conditions attached to planning permission granted for the retention of a single-storey extension to the Murpuri Dhera Restaurant at 261 Staniforth Road (Case No. 14/01512/FUL) and also in connection with the unauthorised erection of a marquee to the rear of the property.  The report stated that the retrospective planning application for the extension was granted planning permission with four conditions and that the owner had not complied with Conditions 1, 2 and 3.  It was also confirmed that a Breach of Condition Notice served on 27 October 2015 had not been complied with in respect of this matter.

8.2

With regard to the marquee, it was explained that it had been on site for 18 months approximately and that it was considered to be a development requiring planning permission.  An assessment of the marquee considered it to be inappropriate and not in keeping with the character of the building or the area and was not an acceptable use to alternative traditional building materials.  The marquee’s position also prevented some on-site car parking bays, that had been required under planning permission Case No. 14/01512/FUL, from being used, which contributed to the owner’s failure to comply with one of the attached conditions to the aforementioned permission.

8.3

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 (i) the removal of the marquee from the land altogether at 261 Staniforth Road and (ii) the removal of the unauthorised single-storey extension in the event that full compliance is not made with conditions and drawings attached to planning permission Case No. 14/01512/FUL at 261 Staniforth Road; and

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