Agenda item - UPDATE ON OUTSTANDING ENFORCEMENT CASES AND RECOMMENDATIONS FOR ENFORCEMENT ACTION UNDER THE TERMS OF THE MANAGEMENT SCHEME FOR WELWYN GARDEN CITY FOR BREACHES OF THAT SCHEME

Agenda item

UPDATE ON OUTSTANDING ENFORCEMENT CASES AND RECOMMENDATIONS FOR ENFORCEMENT ACTION UNDER THE TERMS OF THE MANAGEMENT SCHEME FOR WELWYN GARDEN CITY FOR BREACHES OF THAT SCHEME

Report of the Corporate Director (Public Protection, Planning and Governance) which updates Members with regard to outstanding arbitration cases that were put before the Panel, up to and including, on 19 April 2018.

Minutes:

The report of the Corporate Director (Public Protection, Planning and Governance) updated Members with regard to outstanding arbitration cases that were put before the Panel, up to and including, on 19 April 2018.

 

73 Walnut Grove

 

Formation of hardstanding in front garden. A compliance site visit on 21 May 2018 confirmed works had been completed that satisfactorily remedied the breach of the Estate Management Scheme. The case was recommended for closure.

 

251 Knightsfield

 

Erection of single storey rear extension. The applicant recently submitted an appeal against the decision in October 2014 to refuse consent to the retrospective application.  The appeal was subsequently withdrawn and the applicant asked for time to negotiate with Officers.  A pre-application request was received in May 2018 and Officers were in discussion with the property owner. The Committee urged a swift resolution.

 

72 Chequers

 

Removal of front hedge and creation of hardstanding. Application to be determined by an arbitrator appointed by the President of the Royal Institute of Chartered Surveyors in accordance with paragraph 8 of the Management Scheme of Welwyn Garden City.

 

19 Fearnley Road

 

Extension to driveway to form 100% hardstanding in front garden and the removal of front boundary hedge.   Ongoing contact between the Enforcement Officer and the owner with the intention that a retrospective Estate Management application for a modified scheme would be submitted which would comprise of approximately 47% soft landscaping and the reinstatement of front hedging.

 

56 Broomhills

 

Removal of front hedge and formation of hardstanding. A site visit was carried out on 31 May 2018 which confirmed the hedge had been planted on the front boundary. The width of new hedge was not as wide as what was previously there however it would in time, soften the appearance of the hardstanding and allow for two cars to park on the hardstanding. Case recommended for closure.

 

Members were reminded by Officers of the Council’s policy requirement for approximately 50% soft landscaping on a residential frontage. It was noted that the reason for the refusal of 56 Broomhills was solely related to the removal of the hedge. The nearly 100% hardstanding remained in situ.   There were similar unauthorised hardstanding at 10 other properties in Broomhills and 22 properties in nearby Daniels and the view of the Panel was sought by Officers on how to proceed with the wider issue.

 

The following ideas on how to proceed were raised by Members:

 

      All residents with nearly 100% hardstanding in situ could be written to and asked rectify the situation so that approximately 50% soft landscaping be present on a residential frontage.

      That the residents in question be required to submit an application and regularize the situation.

      That design advice ought to be made available to residents.

      That each breach be looked at on a case by case basis. A higher percentage of hardstanding might be required for those with disabilities and for those with garages and footpaths (as there would be only 25% remaining on the frontage for soft landscaping).

 

11 The Moors

 

Erection of single storey rear extension. Both the Estate Management application (6/2018/0272/HOUSE) and planning application (6/2018/0372/HOUSE) were refused on 9 April 2018. The owner had the right to appeal the householder application decision and had 12 weeks from the date of the decision notice to appeal. The owner also had the right to appeal the Estate Management application.  The owner would be contacted in mid-June 2018 to ascertain their intentions.

 

88 Pentley Park

 

New raised beds, steps and walls and hardstanding to the front of the property.  Following a complaint received in April 2016 a retrospective application for retention of the works was submitted in May 2016 but was refused. The owner met with Officers in April 2018 and the resultant remediation proposal was submitted for pre-application advice on 1 May 2018 and was with the Planning Officer for consideration.

 

3 Digswell House Mews

 

Erection of a roof light on the front roof slope. The appeal was dismissed in October 2017 and in February 2018 the owner’s planning agent suggested that an Estate Management application may be submitted to move the roof light to the rear elevation. To date it was not been submitted and Officers would contact the resident in mid June if the roof light still has not been removed.

 

37 Linkfield

 

Installation of solar photovoltaic panels to the front and rear roof slopes of the property. The breach was reported in January 2017 and subsequently invalid estate management applications were received.  The solar panels were still in situ despite the owner being advised they needed to be removed or valid Estate Management Application submitted. The case was returned to the Panel to seek clarification on whether authority had been granted to take the case to arbitration, and the Members unanimously agreed to do so.

 

31 Sandpit Road

 

Members told the Committee that despite the case being recently closed, the hedge at the property was not growing as intended.  Members asked, and the Chairman supported their view, that Officers revisit the property, make contact with the residents and reopen the case if necessary.

 

RESOLVED:

 

(1)     That the contents of the report be noted by Members.

 

(2)     That the closure of 73 Walnut Grove and 56 Broomhills be authorised by Members.

 

(3)     That 37 Linkfield be taken to arbitration and authorised by Members.

 

(4)  That the reopening of 31 Sandpit Road be authorised by Members, following a site visit by Officers and contact made with the residents.

 

A discussion followed about the resources of the Planning Enforcement Team. Members noted that Bright Owusu had left the Council and interviews were taking place with an appointment to the team imminent.   The team were also receiving additional support of two days a week from agency staff.

 

Members expressed the view that a bigger resource was required to deal with the unsatisfactory situation of 580 outstanding enforcement cases.  Members were advised by the Chairman to voice their concerns with the Executive Member for Environment and Planning Delivery and the Leader of the Council.

 

A discussion also ensued with regards to the outcome of the consultation on the Estate Management Scheme which was carried out in early 2017.  Members were keen for action and residents had enquired about the outcome too.  Officers stated that the results of the consultation were set out at Cabinet in November 2017 which was already in the public domain and that further publicity on the matter was anticipated in the forthcoming months.

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