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 12 November 2018.

The report of the Corporate Director (Public Protection, Planning and Governance), which updated Members with regard to outstanding arbitration cases that were put before the Panel, up to and including, on 18 October 2018.  The following cases were noted:

 

72 Chequers

 

Removal of front hedge and creation of hardstanding.  The case has been referred to the President of the Royal Institution of Chartered Surveyors (RICS) and the date of the arbitration hearing was yet to be confirmed.  It was noted that there should be less than 50% of hardstanding area and appropriate softer landscaping. 

 

A discussion ensued on the cost of arbitration; being between £1k to £1.5k and the £400 initial fee to RICS.  It was noted that the £400 was none refundable.  It was suggested that in the event that 72 Chequers did not go to arbitration then another two cases to be considered for arbitration; equally it was agreed that tax payer’s money should not be misused.  Officers explained that before any other case was considered for arbitration the Council would like to analyse the outcome of the first arbitration case.

 

The Panel requested information on the costs of referring cases to arbitration and the amount spent to date, which will be reported to the Panel at the next time.

 

3 Digswell House Mews

 

Application for a roof light on the front roof slop had been refused.

 

Members noted that an application had been made to the President of the RISC but no date had been offered.  It was requested that this case be resolved by the end of the municipal year.

 

251 Knightsfield

 

Erection of a single storey rear extension without EM consent; commenced June 2013.

 

On 12 September 2018 a retrospective EM application had been submitted along with a planning application to try and remedy the breaches of EM scheme and planning control. Both application were currently being determined.

 

19 Fearnley Road

 

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

 

As there are two cases currently at arbitration, it was felt that this case should be held back so that regard can be given to the Arbitrator’s ruling and reasons for the other two cases.  This would provide greater certainty on the likely outcome of this case.

 

11 The Moors

 

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

 

The Certificate of L to awfulness application was with a Planning Officer pending determination.  In regard to the appealing the EM decision; there was no deadline in which to appeal the decision.  However, authority had already been approved at the EMAP meeting October 2017 to commence the arbitrations process.  Once a decision has been reached on the application, the arbitration letter would be re-issued to the owner inviting him to participate in the arbitration process.

 

88 Pentley Park

 

New raised beds, steps and walls and hardstand to the front of the property.  Complaint was received on 11 April 2016.

 

The owner has been advised by the Planning Officer that if progress was not being made in reaching an agreed solution, then a request to obtain authority to take the matter to arbitration would be made.  The Panel noted that if the matter remained unresolved post 31 January 2019, then it was likely that a request would be made to refer the matter for arbitration.

 

37 Linkfield

 

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

 

Although authority had been granted at EMAP on 18 October to refer this case for arbitration.  At this stage it was considered appropriate to wait until the other two cases currently at arbitration have been determined so that regard could be given to the Arbitrator’s rulings and the reasons for them.

 

44 Beechfield Road

 

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

 

Although authority had been granted at EMAP on 18 October to refer this case for arbitration.  At this stage it was considered appropriate to wait until the other two cases currently at arbitration have been determined so that regard could be given to the Arbitrator’s rulings and the reasons for them.

 

81 Howlands

 

Erection of outbuilding, breach was reported on March 2016.

 

Although authority had been granted at EMAP on 18 October to refer this case for arbitration.  At this stage it was considered appropriate to wait until the other two cases currently at arbitration have been determined so that regard could be given to the Arbitrator’s rulings and the reasons for them.

 

3 Pinnate Place

 

Erection of outbuilding.  Report of the breach was received on 31 May 2016.

 

An Officer had visited the site on 9 November 2018 and confirmed that the building had been completed but required rendering and painting.  The Officer had invited the owner to apply for EM Consent for the outbuilding and to do so before 31 January 2019.  The report noted that if the matter remained unresolved post 31 January 2019, then it was likely that a request would be made to refer the matter for arbitration.

 

50 Marley Road

 

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

 

Although authority had been granted at EMAP on 18 October to refer this case for arbitration.  At this stage it was considered appropriate to wait until the other two cases currently at arbitration have been determined so that regard could be given to the Arbitrator’s rulings and the reasons for them.

 

RESOLVED

 

·      That Members note the following cases have been referred to the President of the Royal Institute of Chartered Surveyors to appoint an arbitrator:

§  72 Chequers

§  3 Digswell House Mews

·      Five letters have been sent to relevant properties on Daniells and several of the owners are now in negotiation with the Council to reach an agreed outcome. Another five letters have been issued since Friday 23 November 2018.

·      Note that letters were issued to the relevant properties on Broomhills at the start of this year; however, no retrospective Estate Management applications have been submitted. It is expected that authority will be requested to take several of these cases to arbitration following the outcome of the two cases currently at arbitration: 72 Chequers and 3 Digswell House Mews. It is considered appropriate to wait until these two cases have been determined, so that regard can be given to the Arbitrator’s rulings and the reasons for them. This will provide greater certainty on the likely outcome of similar cases.

 

 

Meeting ended at 8.25pm

GP