Agenda item

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In order to regularise the breach the Owner had submitted a number of applications of which two were withdrawn, two were refused and three the Council declined to determine.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 of Direct Action cases and again this was supported by the Portfolio Holder.

Members were also advised that the report had not been considered by Plans Sub Committee No.2 on 15^th July 2010 and would instead be considered by Plans Sub Committee No.3 on 29^th July 2010.

RESOLVED

(1)  Direct action be approved to achieve the steps required by the Enforcement Notice, namely that - 

a) all windows inserted into the roof space of the dwelling that were required to be removed by the Enforcement Notice as amended by the Planning Inspector be removed; and

b) the roof be reconstructed and the resulting gaps left by the removal of the windows be tiled with tiles of a similartype and colour to those used on the remainder of the roof.

(2)  The costs incurred as a result of steps taken by the Council to ensure compliance with the notice be recovered and a charge be attached to the land.

(3)  Approval be sought from the Executive for the provision of a special account designated to the Council’s costs in Direct Action cases.