Decision Maker: Planning Committee
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Consideration was given to the cases in the Enforcement List *.
Note: * List previously circulated; copy attached to the signed Minutes.
a) No. 1 in the Enforcement List (Enforcement Case ENF/17/00326/RURAL – Unauthorised operational development in the permanent fixing of a shipping container on the land and unauthorised material change of use from agriculture to a mixed use of agriculture and the storage of materials not required for agriculture – Bradford farm, Uplowman)
The Area Team Leader outlined the contents of the report highlighting by way of presentation the site location plan, the location of the shipping container and the enforcement action proposed.
Consideration was given to:
· The views of the neighbour with regard to the impact of the container on his dwelling and his concerns about apparent unauthorised uses on the property.
· The views of one of the Ward Members .
· What the container was being used for.
RESOLVED that authority be given to the Group Manager for Legal Services and Monitoring Officer to take all such steps and action necessary to secure the removal of the unauthorised shipping container from the land and the cessation of the unauthorised use, including the issue of an enforcement notice and prosecution and/or Direct Action in the event of non-compliance with the notice.
(Proposed by Cllr R L Stanley and seconded by Cllr D J Knowles)
(i) Cllrs R B Evans, Mrs B M Hull, D J Knowles and R F Radford declared personal interests as the neighbour was known to them;
(ii) Mr Blackmore (neighbour) spoke;
(iii) Cllr C R Slade spoke as Ward Member.
b) No. 2 in the Enforcement List (Enforcement Case ENF/19/00036/LB – without listed building consent, the insertion of uPVC sliding doors and windows to the 20th century rear single storey extension and uPVC dormer windows to the south elevation – Loram Cottage, Copplestone)
The Area Team Leader outlined the contents of the report highlighting by way of presentation the location of the property, explaining the uPVC windows to the rear and that it was not considered expedient to take further enforcement action against the existing unauthorised doors and windows to the south elevation as it was considered that they did not harm the architectural or historic interest of the building. She explained the negotiations that had taken place to replace the windows on the front elevations with timber flush fitting casements windows to the first floor and timber sliding sash windows to the ground floor.
RESOLVED that having regard to the provisions of the Mid Devon Development Plan and all other material planning consideration in accordance with Section 38 of the Town and County Planning Listed Buildings and Conservation Areas) Act 1990; the recent approval of Listed Building Consent follow negotiated improvement through replacement windows on the front (north) election from (i) unauthorised uPVC windows to (ii) timber, slim double glazed, sliding sash and casement windows, the effect of the works on the character and historic interest of the building and the previous use of uPVC windows in the building at the time of it being listed that it is not considered expedient to seek any further action relating to the uPVC sliding door and windows to the rear (south) elevation.
(Proposed by Cllr P J Heal and seconded by Cllr R B Evans)
Publication date: 08/03/2019
Date of decision: 06/03/2019
Decided at meeting: 06/03/2019 - Planning Committee