Mrs H Robinson Extension: 4743

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Millicent Sims
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1 tem No. 8 Enforcement No: E/05/0106 Type: Untidy land Date of Complaint: 9 Sept 2005 Developer: Mr and Mrs Graham Breach: Untidy land, storage of scrap vehicles, vehicle parts and overgrown garden. Location: 11 Beverley Close Thurmaston, Leicestershire. Parish: Thurmaston Ward: Thurmaston Case Officer: Mrs H Robinson Extension: 4743 Description of the Unauthorised Development The property is semi-detached in an elevated position with a shared open frontage. There are three vehicles in question, a mini bus, an old caravan, a trailer and a car. The roof of an old van that was previously stored on the driveway is lying on the front garden. The van was the subject of previous action in 2003/4 when a Section 215 notice was served requiring its removal. The garden areas to the front and rear of the property are overgrown and untidy in appearance. The house is rundown in appearance with wooden cladding to the front elevation of the property and windows that are dilapidated and collapsing. t is considered that the residential amenity of the immediate surrounding area is adversely affected by the condition of the land and property. Development Plan Policies There are no specific policies that apply. Statutory Provisions Section 215 of the Town and Country Planning Act 1990 allows a local planning authority to serve a notice requiring land, including buildings, to be cleaned up when its condition adversely affects the amenity of the area. The recipient of the notice may appeal against the notice to the Magistrates Court. The Council may prosecute for non-compliance and carry out the work in default recharging the cost. Other Material Considerations The issue of human rights is a material consideration in the determination of planning applications and enforcement issues. Article 8 of the Human Rights Act 2000 requires respect for private and family life and the home while Article 1 of the 65

2 First Protocol provides an entitlement to peaceful enjoyment of possessions. However, these rights are qualified. t is necessary to consider whether refusing planning permission and/or issuing an enforcement notice would interfere with the developer s human rights. f it would, the Committee must decide whether any interference is in accordance with the law, has a legitimate aim and is proportionate. The impact on the human rights of the developer must be balanced against the public interest in terms of protecting the environment and the rights of other people living in the area. n this case, the balance points to detriment caused to the amenities of the neighbouring properties and local area. Relevant Planning History This property has a history of issues relating to vehicle storage and untidy appearance: Brief reference to complaint detailing the storage of motor vehicles Complaint received by the planning service detailing the storage of vehicles and associated repair works Following further complaints, a Plans Sub-committee, on 20 th June, resolved to take enforcement action to secure removal of vehicles other than the family car and a trailer. An enforcement Notice was served on the 4 th April The Notice required all vehicles to be removed from the site. There is no record of compliance with the notice Complaint received regarding storage of scrap vehicles at the property. At the time of the complaint, one scrap car and a van were stored on the frontage of the property. The scrap car was removed Plans Committee 1 authorised service of a Section 215 Notice in relation to the scrap van that remained stored on the driveway of the property. Following service of the notice the van was eventually removed. A High Hedges complaint was submitted in October 2005 by neighbouring residents regarding the overgrown vegetation in the rear garden including a single large Leylandii. The application was returned to the complainants as it was not considered to fall within the control of the legislation. Responses of Statutory Consultees No consultations have taken place although the Director of Housing and Health has been involved in this case regarding the fitness of the property for habitation. The property has been inspected and further action is expected to take place under Housing Legislation. 66

3 Other Comments Received Complaints have been received regarding the untidy appearance of the scrap vehicles and parts stored on the land and the appearance of the property and the overgrown vegetation in both the front and rear gardens. Consideration of the Planning ssues As a result of the service of the previous Section 215 Notice, the scrap van - apart from its roof - was removed from the front of the property. Subsequently, the vehicles mentioned earlier in this report were brought onto the property and have remained on the driveway and front garden despite requests for their removal. With regard to the renewed storage of vehicles at the property this is considered to be a breach of the enforcement notice and this matter is to be referred for prosecution. Both the son and the owners have been informed of this course of action but to date the vehicles still remain at the property. Authority to take formal action was granted in 1997 and is not the matter for consideration in this report. Attempts have been made to contact the owners of the property but they do not respond to correspondence or to visitors calling at the property. t is understood that the owners of the property are elderly and infirm and are cared for by a relative, their son, who visits the property. Their son has contacted the Council and has admitted that the vehicles are his property and he is storing them at his parent s house. He has given assurances that the vehicles would be removed, the property would be tidied and that a contractor was to be employed to clear the garden. The windows were to be replaced and the property tidied. To date, the vehicles are still there and the garden remains in an overgrown state. No remedial work has taken place. The Council has continued to receive complaints from the public regarding the detrimental impact the condition of the property has on the street scene. The property is considered to have an unacceptable affect on public amenity and, therefore, service of a Section 215 Notice to tidy the land and property is recommended. The Council may prosecute, should the works not be carried out in accordance with the Notice, or it may carry out the works in default, under Section 219 of the Town and Country Planning Act. Any expenses accrued in carrying out the works in default may become a charge on the land binding on successive owners. (Regulation 14(3) of the Town and Country Planning General Regulations 1992, inserted by the Town and Country Planning General (Amendment) Regulations 1997) RECOMMENDATON: t is recommended that the Committee: authorise the Director of Development and Director of Risk Management to issue a Notice under Section 215 of the Town and Country Planning Act and the Director 67

4 of Risk Management to institute and conduct any legal proceedings necessary to secure compliance with the notice; confirm that the notice will require the following steps to be taken: i) Tidy the garden area to both the front and rear of the property by cutting back shrubbery, removing weeds and brambles and mowing the grassed areas. ii) Paint the window frames to the property and replace where necessary the wooden cladding to the front elevation and paint the cladding. iii) Paint the fascia to the garage and the garage door. give the following period for compliance with the notice: Three months 68

5 a 37 This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty s Stationery Office, Crown Copyright. Licence No: This copy has been produced specifically for Council purposes only. No further copies may be made. Application No: E/05/0106 Location: 11 Beverley Close, Thurmaston, Leics. Scale: 1:1250 [ NEWARK ROAD BEVERLEY CLOSE [ El Sub Sta D 68 BM 63.50m CHURCH HLL R a 79 69

10 October 2013 Head of planning services Enforcement Case 13/00148/CONSRV/ENF 39 Neville Street, Norwich, NR2 2PR. Enforcement action recommended.

Report to Planning applications committee Item Report of Subject 10 October 2013 Head of planning services Enforcement Case 13/00148/CONSRV/ENF 39 Neville Street, Norwich, NR2 2PR. 5(7) Description: Reason