Agenda and minutes

To record any declarations of interest from Members present.

There were no declarations.

The Part 1 minutes were agreed.

To hear questions received in writing by the Legal, Democratic and Customer Services Department by 5pm on Tuesday 13^th July 2010 and to respond.

There were no questions.

Report DRR/10/00076

The owner of Land at 10 Homefield Road, Bromley BR1 3AL had failed to take the action required to comply with an Enforcement Notice regarding the complete removal of railings around a flat roof balcony.

Following authorisation and the setting of a date for direct action the owner confirmed that he had removed the railings but a subsequent site visit revealed that a section adjacent to the neighbouring property remained with a fence panel attached to it. No information had been forthcoming to suggest that there was any intention to comply with the enforcement notice and harm was ongoing to the amenities of neighbouring properties.

The Portfolio Holder was shown photographs indicating that the section of railings adjacent to the neighbouring property still remained with a fence panel attached and the Portfolio Holder accordingly approved the recommendations before him.

RESOLVED that:

(i)  the previously authorised direct action be proceeded with so that steps required by the Enforcement Notice can be complied with and the remaining railings removed; and

  (ii)  additionally, and thereafter, the costs (including any abortive costs) be recovered from the owner, and if necessary, a charge be placed on the Land. 

Report LDCS10134

Approval was sought to obtain an injunction order or take direct action against the owner of land known as Hampton Hall, 1A Holbrook Lane, Chislehurst, BR7 6PE - this being in response to the owner's continued failure to comply with an Enforcement Notice (Breach of Condition) dated 26^th January 2007.

The Portfolio Holder was provided with a summarised planning and enforcement history of the site. This included reference to an application (DC/05/00497/FULL) for a detached two storey four bedroom house with detached double garage and access driveway which was refused and subsequently allowed on appeal on 26^th October 2005 followed by a correction notice issued on 11^th November 2005.

The appeal was allowed subject to conditions. In particular condition 7 stated:

“Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting this Order) no building, structure or alteration permitted by Classes A, B, C or E of Part 1 of Schedule 2 of the 1995 Order, shall be erected or made within the curtilage of building hereby approved without the prior approval of the Local Planning Authority.”

On 26^th January 2007 an enforcement notice was issued against the owner for failing to comply with condition 7 of the permission; the owner had inserted ten windows (roof lights) in the roof space of the property without the required approval. The owner subsequently appealed against the notice and the appeal was dismissed on 2^nd November 2007. The notice was upheld subject to a variation which allowed four of the ten windows. The notice required the removal of the remaining six windows which had not been complied with. 

On 7^th May 2009, the Council successfully prosecuted the owner for failing to comply with the requirements of the notice. The owner was fined and ordered to pay the Council’s costs. The owner subsequently appealed to the Crown Court against the conviction and costs but the appeal was dismissed and the owner was ordered to pay additional costs.

In order to regularise the breach the Owner had submitted a number of applications of which two were withdrawn, two were refused and three the Council declined to determine. Brief details were provided to the Portfolio Holder. The Portfolio Holder was also advised that the estimated costs of any proposed Direct Action works under Section 178 of the Town and Country Planning Act 1990 would be £20k.

The report before the Portfolio Holder also provided advice on matters to consider when arriving at a decision and the proximity of the roof windows was shown to the Portfolio Holder at the meeting.

Members were advised that a holding account could be set up for the costs of the Direct Action works and the Portfolio Holder indicated his support for this. The Director added that it might be worthwhile seeking Executive approval for the provision of a special account to be used in covering the Council’s costs  ...  view the full minutes text for item 5.

The Chairman to move that the Press and public be excluded during consideration of the items of business listed below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

The Part 2 minutes were agreed.