Agenda item

8.1

The Director of Regeneration and Development Services submitted a report informing Members of a breach of planning control in relation to the unauthorised erection of a forecourt canopy at 3 Nether Edge Road.

8.2

The report stated that the Planning Service had received complaints about a new forecourt canopy being erected that potentially caused a safety hazard and highlighting safety issues and the design structure being out of keeping and visually harmful to the conservation area.

8.3

The initial visit confirmed that the structure was development that required a planning application. It was mostly a timber structure, consisting of a raised timber floor, posts and roof frame with plastic panels serving as the roof covering. One of the complaints was that steps (made of timber) had been incorporated into the structure, making it potentially difficult for elderly customers.

8.4

The owner was advised in writing that the forecourt structure was unauthorised and that a planning permission to retain it would be unlikely to receive support from officers. The owner did contact officers and an application for this structure, amongst other things such as a change of use for the property was discussed. However, an application had not been submitted. A follow up letter was sent and the owner had now passed on the matter to her new tenant. The tenant, only occupying the property since the end of November, had contacted officers and was cooperating to find a solution. This contact was made quickly following the reminder letter, when this report was already prepared. No firm plan had been submitted but discussion was at the initial contact stage. The forecourt structure was erected before the current tenant occupied the property.

8.5

It was acknowledged by officers that prior to the canopy structure being erected there were two smaller canvas canopies attached to the front of the shop. These were immune from enforcement action having been present for many years. They had become rather shabby and rather ugly and the removal of these was a benefit to the visual appearance of the property. Underneath the former canopies there was a portable table/stall which had fruit, vegetables etc. displayed on it.

8.6

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 the removal of the forecourt structure at 3 Nether Edge Road; and

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