Issue - meetings

Breach of Planning Control: The construction of an unauthorised bungalow and erection of a fence exceeding 2m in height.

The Head of Development and Place introduced the report and provided an update in relation to the likely use of the unauthorised building, which was not permitted development.  Further to the publication of the report, the owner had offered to provide a unilateral or bilateral agreement to restrict the use of the building for no other purpose than as a sun room, gym and spa ancillary to the use of the main dwelling, or to sell/dispose of the building as a separate residential unit. 

He added that the agent acting on behalf of the owner of the building had been advised that this would not remedy the planning breach and that enforcement should be taken as the evidence available indicated that the building was never intended to be incidental to the enjoyment of the dwelling house from the start and that it was clearly built as a separate residential unit with all of the necessary facilities required to create a separate dwelling.

He added that in addition to the creation of a separate dwelling, a screen fence of approximately 4m in height had been erected and that further to the publication of the report, the owner of the site had agreed to remedy this breach by reducing the fence to 2m in height. The owner of the site had been advised that should Planning Committee resolve to take enforcement action and the fence had been reduced in height before the date when the notice was served, it would not be necessary for the notice to require steps in relation to the fence.

He concluded that the advice provided in the officer report was unchanged, that he did not accept that the building was incidental to the enjoyment of the dwelling house and it therefore required express planning permission.

RESOLVED:

That the Head of Development and Place, in conjunction with the Head of Governance and Customer Services, be authorised to take all relevant planning enforcement action including the service of any necessary enforcement notices and issue of proceedings through the courts, if required, to ensure the removal of the unauthorised building and the removal of the fence or alternatively the reduction in the height of the fence to 2m.