Agenda item

Report of the Corporate Director (Public Protection, Planning and Governance) to update Members with outstanding arbitration cases that were put before the Panel, up to and including 4 October 2018.

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 4 October 2018.  The following cases were noted:

 

251 Knightsfield

 

Erection of single storey rear extension without EM consent, commence June 2013.

 

A retrospective application for EM consent was submitted in September 2018 along with a planning application to endeavour to remedy the breaches of the EM scheme and planning control, both of which were with Planning Support and awaiting validation.

 

72 Chequers

 

Removal of front hedge and creation of hardstanding; date of breach unknown but reported in August 2012. 

 

The case had been referred to the President of the Royal Institution of Chartered Surveyors (RICS) to appoint an arbitrator to determine the case in accordance with paragraph 8 of the EM Scheme. An update on progress would be provided at the next meeting.

 

19 Fearnley Road

 

Extension to driveway to form 70% hardstanding in front garden and the removal of front boundary hedge; date of breach unknown but reported in April 2016.

 

No retrospective EM application had been submitted. The owner had presented the enforcement officer with a scheme of proposed actions to rectify the current breach. The owner was told in September 2018 that the scheme was not viable. It was requested that the Head of Planning be authorised to refer the matter to be determined by an arbitrator appointed by the President of the RICS, in accordance with paragraph 8 of the EM scheme.

 

11 The Moors

 

Erection of single storey rear extension, reported in August 2016.

 

The certificate of lawfulness application was with the Planning Officer and pending decision, due September 2018. Authority was given at EMAP meeting in October 2017 to commence arbitration for the EM decision and once a decision had been reached the arbitration letter would be re-issued to the owner.

 

88 Pentley Park

 

New raised beds, steps and walls and hardstanding to the front of the property. Complaint received in April 2016.

 

Pre-application advice had been provided by a Planning Officer and the owner would be contacted to ascertain their intentions. An update would be provided at the Panel’s next meeting. 

 

3 Digswell House Mews

 

A retrospective EM application for a roof light on the front roof slope had been refused.

 

An application had been made to the President of the RICS to appoint an arbitrator to determine the case in accordance with paragraph 8 of the EM scheme. An update on progress would be provided at the Panel’s next meeting.

 

37 Linkfield

 

Installation of solar photovoltaic panels to the front and rear roof slopes of the property. Breach was reported in January 2017.

 

The owner submitted an appeal against the decision which was upheld by the Panel in August 2018.  It was requested that the Head of Planning be authorised to refer the matter to be determined by an arbitrator appointed by the President of the RICS, in accordance with paragraph 8 of the EM scheme.

 

81 Howlands

 

Erection of outbuilding, breach was reported on March 2016. No retrospective application had been received, despite the owner being ware that it was unauthorised. 

 

It was requested that the Head of Planning be authorised to refer the matter to be determined by an arbitrator appointed by the President of the RICS, in accordance with paragraph 8 of the EM scheme.

 

3 Pinnate Place

 

Erection of outbuilding, breach reported May 2016.  No retrospective application had been made despite the owner being aware that the building was unauthorised.

 

According to current aerial photography the outbuilding had been completed.  Officers would contact the owners to carry out a further site visit to get an up to date photograph.  It was expected that at the Panel’s next meeting a request would be made to refer the matter to arbitration.

 

50 Marley Road

 

Erection of 100% hardstanding and removal of front boundary hedge. Breach reported in December 2015.

 

No retrospective application had been made despite the owner being contacted about the breach. It was requested that the Head of Planning be authorised to refer the matter to be determined by an arbitrator appointed by the President of the RICS, in accordance with paragraph 8 of the EM scheme.

 

Several points were then highlighted by the Panel:

 

Members enquired what the Council was doing to ensure leasehold properties adhered to the EM Scheme. A lot of breaches had been by leasehold properties however the Council’s powers in this respect were limited: negotiating with the property owner was often the best option as sanctions were too draconian and the financial penalties too severe.

 

Members enquired whether the deeds were still marked to indicate whether a property was leasehold or not and Officers agreed to find out.

 

Daniels and Broomhills

 

Members stated that some residents in Daniels and Broomhills did not know what was required of them, having received letters from the Council advising them there were in breach of the EM Scheme.  Members requested that Officers be more pro-active and provide a template of what was required for residents. In addition directing residents to properties in Daniels or Broomhills that had fulfilled the requirements of the EM scheme would be useful.

 

The Officer confirmed that all those written to had been asked to contact the Planning team and to have a discussion. The Officer acknowledged that standard advice could be given to residents, given the number of properties and similarities between them. In addition, the new Design Guide, once produced, would give a pictorial example of what was required. 

 

RESOLVED:

 

(1)       That Members note the contents of the report and the new cases at 81 Howland, 3 Pinnate Place and 50 Marley Road.

 

(2)       That Members note that the cases at 72 Chequers and 3 Digswell House Mews had been referred to the President of the Royal Institute of Chartered Surveyors to appoint an arbitrator.

 

(3)       That Members authorise that the following cases be referred to the President of the Royal Institute of Chartered Surveyors: 119 Fearnley Road, 37 Linkfield, 44 Beechfield Road, 81 Howlands and 50 Marley Road.

 

(4)       That Members note that letters to relevant properties on Daniells had started to be issued by Officers. A template letter was sent to the three ward Councillors for the area (Cllrs Larkins, Musk and Fitzsimon) on 4 October 2018 to advise them that the letters would be issued by Officers imminently. There were approximately 20 letters that would need to be issued and, to assist with managing Officer workload, five letters would be sent to residents on a fortnightly basis. If significant numbers of responses from the properties were received then the next 5 letters would be delayed to allow time to deal with those that had responded. An update on progress would be presented at the next EMAP meeting in November 2018.

 

(5)       That Members note that letters had been issued to the relevant properties on Broomhills at the start of the year however no retrospective Estate Management applications had been submitted. The cases would be reviewed and an update would be provided at the next EMAP meeting in November 2018. It was expected that Officers would be requesting authority to take some of the cases to arbitration.

 

Councillor M. Cowan then left the meeting.

 

44 Beechfield Road

 

Installation of hardstanding to the front of the property. Breach received May 2014.

 

The hardstanding remained in situ despite the owners being aware that it was unauthorised. It was requested that the Head of Planning be authorised to refer the matter to be determined by an arbitrator appointed by the President of the RICS, in accordance with paragraph 8 of the EM scheme.

 

RESOLVED:

 

That Members note the contents of the report and the new case at 44 Beechfield Road.