Agenda item

Report of the Executive Director (Public Protection, Planning and Governance) to update Panel Members with regard to the arbitration cases that were put before the Panel on 15 February 2018.

The report of the Executive Director (Public Protection, Planning and Governance), which updated the Panel with regard to arbitration cases that were put before the Panel on 15 February 2018.

            RESOLVED

73 Walnut Grove – A site visit on 27 March 2018 showed that the works had not been completed.  A request for an update on works had been sent to the owner.  It was noted that the owner responded to advise that works stalled temporarily owing to ill health and recent unfavourable weather conditions.  The enforcement Team will continue to monitor implementation with a view to recommend the case for closure on satisfactory completion – approximately within 6 months.

251 Knightsfield – It was noted that applicant still had the drawings from the application and still had not exhausted her chance of appealing against the refusal.  Officer’s report was supportive at least in principle of the proposal under W6/2013/1237/EM.  Thus an appeal was considered a pragmatic option.  An update will be made available at an EMAP meeting.

31 Sandpit Road – The owner had sent evidence that a privet hedge has been planted.  The Council was pleased with the choice of hedge as there are other privet hedges on the street.  Notification of closure will contain an informative highlight the need for the prospective new owner of the property to nurture the hedge.  Officers to confirm via email whether the hedge planted was a privet hedge before closing the case.

72 Chequers – The report noted that the applicant had failed to submit the requisite information to validate the application despite being given the benefit of time extensions.  Consequently the application was withdrawn on the 16 March 2018.  An application will be made by end of April 2018 to the President of the Royal Institute of Chartered Surveyors to appoint an arbitrator to determine the case.

19 Fearnley Road – Enforcement Officer had sent a further chaser email on 24 January 2018 with a warning of formal action in an attempt to speed up the process.  Final notice letter detailing requirement for alleviating the breach was sent on 29 March 2018 with a 28 day deadline for an application to be submitted failing which formal enforcement action would ensue.

56 Broomhills – Awaiting confirmation from the owner that the hedge has been planted.  The Panel will be updated at the next meeting.

11 the Moors – The owner however indicated unwillingness to participate in the arbitration process and has informed the Team via email on 20 December 2017 that an architect had been commissioned to prepare a new scheme for submission to the Council for consideration.  The decision for both application was due on 9 April 2018. Officers to provide the outcome of the decision of 9 April in due course.

88 Pentley Park – Details of recommended remediation works had been sent to the owner on 29 March 2018 with a requirement to submit an application for the works within 28 days or risk arbitration process commencing without further warning.  Case Officer to be notified within 14 days of the letter to the owner.

3 Digswell House Mews – Following notification of authorisation to take this case to arbitration, the agent acting on the owner’s behalf had communicated with the Enforcement Officer in February 2018 and confirmed that the roof light will be moved to the rear roof slope subject to an application being approved.  Deadline for the work to take place to be confirmed.

37 Linkfield – The owner has been unsuccessful in providing the required document for an application to be validated for formal determination.  It was noted that the Head of Planning be authorised to refer the matter to be determined by an arbitrator appointed by the President of the Royal Institute of Chartered Surveyors.

A general discussion ensued on timescales and potential challenges on grounds of legality and owners being aware of the EMS requirements within the EM titled area.  It was noted that a year ago owners within the EMS area had a questionnaire asking them what their thoughts were on the scheme.

The Panel were thanked for their attendance and the Chairman was thanked for her exemplary chairing during the year.