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/16/00131/AGTIE– Breach of Condition (f) of planning permission 88/1726/OUT which states: the occupation of the dwelling shall be limited to a person solely or mainly employed; or last employed in the locality in agriculture, as defined in Section 290(1) of the Town and Country Planning Act 1971 (including dependants of such person residing with him or her) or widow or widower of such a person - Nethercott, Brithem Bottom).
The Area Planning Officer outlined the contents of the report stating that the issue to be discussed was non-compliance with an agricultural occupancy condition. An application had been received to amend the condition which had been refused on the grounds that no information had been provided to demonstrate that the property had been marketed for sale under the terms of the condition, in an appropriate way for an appropriate period of time or at an appropriate price. No substantive evidence had been provided to indicate that there was no need for an agricultural occupancy condition on the property.
The property owner stated that she had had some tenants who had complied with the agricultural occupancy but that she would like to rent the property out at a reasonable rent so she could keep the property for the family and wanted the agricultural tie lifted.
Consideration was given to the agricultural occupancy condition, the size of the dwelling and the evidence required to instigate the lifting of the condition.
RESOLVED that having regard to the provisions of the Mid Devon Development Plan and all other material planning considerations in accordance with Section 172 of the Town and Country Planning Act (1990) as amended; the Legal Services Manager be given delegated authority to issue a breach of condition enforcement notice and to take any legal action deemed appropriate including prosecution in the event of non-compliance with the notice.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr P J Heal)
Note: Mrs Emmet, property owner, spoke.
b) No. 2 in the Enforcement List (Enforcement Case ENF/09/00048/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 facade and inserting uPVC windows and a door – 5 Dukes Cottages, Bow).
The Area Planning Officer outlined the contents of the report highlighting the breach via a selection of photographs. He explained that the cottages had been listed in 1986 and that works to No 1 Dukes Cottages had taken place prior to the listing. The owners of No. 5 Dukes cottages had been requested to rectify the breach with regard to the windows and the door, but had not done so.
Consideration was given to whether the windows at the rear of the property were also uPVC and the steps required to rectify the breach.
RESOLVED that the Legal Services Manager be given delegated authority to take any appropriate legal action including the service of a Notice or Notices to reflect the breaches as outlined in the report. 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 Cllr B A Moore and seconded by Cllr Mrs G Doe)
Note: Cllr Mrs H Bainbridge made a declaration in accordance with the Protocol of Good practice for Councillors dealing in planning matters as she had received a telephone call from the property owner.
Supporting documents: