Agenda item

10.1

The Director of Development Services submitted a report on his investigation into a breach of planning control concerning the unauthorised removal of a chimney stack at the front of 8 Chandos Street. The report explained that the property was located in the Broomhill Conservation Area and was subject to an Article 4(2) Direction which removed Permitted Development rights.  It was stated that, whilst a retrospective planning application had been submitted for alterations to the roof and the replacement windows to the front of the property, the owner had agreed with officers to replace the chimney stack. Unfortunately, this work had not been carried out and a response had not been made to a Notice served under Section 330 of the Town and Country Planning Act, which had requested further information regarding ownership of the property.

10.2

It was viewed that the breach of planning control failed to preserve or enhance the character of the Broomhill Conservation Area and, as such, was considered contrary to Policies BE15, 16, 17 of the Unitary Development Plan.

10.3

RESOLVED: That (a) authority be given to the Head of Development Services or Head of Planning to:-

(i)                 take all appropriate steps including, if necessary, enforcement action and the institution of legal proceedings, to secure the reinstatement of the brick built chimney stack substantially similar to what existed previously at 8 Chandos Street; and

(ii)               institute legal proceedings against the recipient of the Section 330 Notice served by the City Council on 7 August, 2012 for failing to reply; and

(b) delegated authority be given to the 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.