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 use of garden area for the storage of building materials and machinery at 60 Clifton Crescent.

8.2

The report stated that a number of complaints had been received regarding this property in the past which had been investigated and the case subsequently closed.  However, in May 2012 a further complaint was received regarding the use of the property as a builder’s yard and the untidy condition of the garden area.  A number of site visits had been carried out since May 2012.  These visits have revealed that on most occasions there have been building materials such as breeze blocks, concrete mixer, wheel barrow and scaffolding at the property and in some cases concrete lintels, mini diggers and a dumper truck being stored at the property.  The site visit also highlighted that some of the machinery and materials did not move from the property for several months.

8.3

The owner has stated that the storage of these materials is due to works being carried out at the property and the potential future works to the garage and the rear extension.   Officers had noticed some works being carried out at the property, however, the pace and type of work being carried out does not reflect the materials and machinery stored at the property.  It was officer opinion that the lack of traditional domestic environment and the scale and intensity of the storage is in excess of what could reasonably be considered to be incidental to the enjoyment of the dwelling house and therefore a material change of use had occurred.

8.4

RESOLVED: That the Committee:-

(a)

authorises the Director of Regeneration and Development Services or Head of Planning to take all necessary steps:-

(i) including enforcement action, service of a stop notice and the institution of legal proceedings, if necessary, to secure the cessation of the use of the garden area, at 60 Clifton Crescent, as a builder’s storage yard and the removal of the building materials and machinery from the garden area and the garage; and

(ii) including the service of a S215 Notice and the institution of legal proceedings, if necessary, to secure the removal of all the other waste materials currently stored on the site, including, but not limited to, plastic containers, chairs, punch bag, metal flue, fridge freezer, tyres and household waste; and

(b)

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