Agenda item

7.1

The Director of Regeneration and Development Services submitted a report updating Members on enforcement action taken in relation to 73 Sandford Grove Road since it was discussed at the Committee on 23 July 2013 and the current enforcement position.

7.2

It was stated that the report related to a breach of planning control that was reported to the Committee on 23 July 2013 for the unauthorised excavation works to the front of the garden and the unauthorised erection of fences at the front of 73 Sandford Grove Road. At the meeting, Members requested an update report to a Planning and Highways Committee meeting in September 2013 on enforcement actions taken.

7.3

In the meeting on 23 July, Members authorised all necessary steps, including enforcement action, service of a temporary stop notice, stop notice and the institution of legal proceedings, including injunctive action, to secure the cessation of the excavation works, the reinstatement of the ground levels and the removal of the fences at 73 Sandford Grove Road.

7.4

Officers had written and spoken with the owner requesting that the excavation works stopped, the ground level was reinstated and the fences were either removed or reduced in height to make them permitted development.

7.5

A Temporary Stop Notice was served on 6 August 2013 and it required the excavation works at the front of the property to cease until 4 September 2013. The owner had stopped further excavation of the front garden area.

7.6

An Enforcement Notice was also served on 10 September 2013 and if it was not appealed against it would come into effect on 15 October 2013. The Enforcement Notice required the owner to remove the unauthorised fences at the front of the property within 2 months from when the Notice came into effect.

7.7

Further excavation works had stopped, but no progress had been made to reinstate the ground level or to remove the unauthorised fences.

7.8

With regards to the injunctive relief, the Council had now complied with the pre-litigation requirements of the Pre-action Protocol, evidence was in the final stages of being gathered and Counsel had been identified and should be briefed by today’s meeting. Counsel was expected to draft the injunction application and attend at the County Court for the hearing of this matter.

7.9

The Temporary Stop Notice had expired, but before it did the Letter Before Claim on the injunction was served specifying the requirement of no further excavation works. Should attempts at further excavation occur, Counsel would include in the proceedings an application for an interim injunction to prevent further excavating pending final hearing.

7.10

Several site visits had been carried out since the service of the Temporary Stop Notice and no further excavation had taken place at the front of the property and consequently the Temporary Stop Notice had been complied with.

7.11

An Enforcement Notice regarding the fences had been served and the injunction had passed its pre-litigation stages and should be with Counsel for drafting of proceedings for issue.

7.12

RESOLVED: That the current progress on enforcement actions in relation to 73 Sandford Grove Road be noted.