Issue - meetings

REPORT NOTED

Under planning ref.17/02072 the Council refused a lawful development certificate for use of the front building known as the ‘Bronze Works’ for 8 flats (Class C3) pursuant to  grant of prior approval under planning ref. 13/03598. A subsequent appeal was allowed on the basis of a corrected description for the use of the building for 1 flat only. Following a High Court challenge however, the Inspector’s decision was quashed on one specific issue; that the Inspector should have also had regard to the test set out in relevant case law [Welwyn Hatfield BC v SSCLG [2011] UKSG 15 and Impey v SSe (1984) 47 P &CR 157] as to when a material change of use could be said to have occurred in the process of conversion to residential use.  The Court ordered that the appeal be re-determined and a new date for a Public Inquiry was scheduled for 21 January 2020.  It was therefore necessary to establish the expediency of taking enforcement action on the 7 remaining flats which the Council considered to be unlawful lest they acquired passage of time immunity from enforcement.  In addition, the report clarified the Council’s stance on this matter at the forthcoming Public Inquiry.

Oral representations in objection to enforcement action being taken were received at the meeting.

The Legal Representative acknowledged that whilst one flat was deemed lawful, there was an issue regarding the remaining seven.  However, at the present time, he considered the best way to proceed was for Members to note the report until such time as the Inspector’s decision on the Public Inquiry had been received, following which, a further report would be submitted for consideration.

Further correspondence from the owner of the property, together with a letter from his acting Solicitors, had been received and circulated to Members.

Having considered the report, objections and representations, Members RESOLVED that the report be noted and a further report be submitted to a Plans Sub-Committee when the outcome of the appeal is known or an earlier Plans Sub-Committee in the event that the appeal decision is delayed.