To consider the items contained in the Enforcement List.
Minutes:
Consideration was given to the cases in the Enforcement List *.
Note: *List previously circulated; copy attached to signed Minutes.
Arising thereon:
a) No. 1 in the Enforcement List (Enforcement Case ENF/14/00128/LIS – Without Listed Building Consent the execution of works for the alteration (“the Works” to the listed building namely the removal of timber windows and doors in the façade and inserting uPVC windows and door – the thatched terrace of dwellings, listed Grade II, 18, 19 and 22 Exeter Road, Crediton).
The Enforcement Officer outlined the contents of the report highlighting the alleged breach and the site descriptions of the listed properties, it was his opinion that the authorised works adversely affected the character of the listed buildings and should be reversed; he explained the works required to comply with the listings. An extended compliance period was proposed to allow the properties owners time to be able to fund the works proposed.
Consideration was given to whether the proposed windows would soundproof the noise from Exeter Road.
RESOLVED that the Legal Services Manager be authorised to take any appropriate legal action including the service of a Notice or Notices to reflect the recommendation as set out in the report and summarised. In addition, in the event of a failure to comply with any Notice served, authorisation for prosecution, direct action and/or authority to seek a court injunction.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr B A Moore)
Note: Within the requirements for compliance all new timber windows to be amended to state “to be glazed with profile double glazing”.
b) No. 2 in the Enforcement List (Enforcement Case ENF/16/00098/UCU – Without planning permission, the erection of a residential/domestic use building – Barn Orchard, Higher Furzeland, Copplestone).
The Enforcement Officer outlined the contents of the report by way of presentation highlighting the partial demolition and rebuild that had taken place without consent. Members viewed original and recent photographs and noted that 5 bays were now in place instead of the original 3. A 2 bedroom flat had been created and it was felt that these changes had affected the heritage asset.
Discussion took place with regard to the circumstances that had led to the conversion and the landowners plans for the future. Consideration was also given to the bats on site.
RESOLVED that consideration of any enforcement action be deferred for 3 months to allow the landowner time to submit a planning application.
(Proposed by Cllr R L Stanley and seconded by Cllr R J Dolley)
(c) No. 3 in the Enforcement List (Enforcement Case ENF/16/00154/BRE - alleged breach of Condition 5 Planning Permission 00/01665/FULL; The building hereby approved shall only be used for agricultural purposes reasonably necessary on the holding to which it relates. On its becoming redundant for such purposes, it shall be demolished and all resultant materials removed from the site within 3 months of redundancy – Sky End, Templeton – formally land and buildings at NGR 288977 115989 (Mayfield House).
The Enforcement Officer outlined the contents of the report explaining the history behind the alleged breach, the original planning permission of 2000 and the prior notification of change of use received in May 2014 under the new legislation regarding permitted development rights. Issues had arisen with regard to the interpretation of the new legislation at that time and the implications of the legislation on the application. The developer had acted in good faith with regard to the permissions granted and therefore it was proposed that no further action take place.
Consideration was given to the interpretation of legislation regarding permitted development rights.
RESOLVED that no further action be taken in respect of this matter.
(Proposed by Cllr R L Stanley and seconded by Cllr B A Moore)
Supporting documents: