Agenda Item 5: Rectory Farm, Cranford:

Councillor Mammat informed the meeting that she had spoken to residents on this matter over a period of time.

The minutes of the meeting held on 14 June 2012 were agreed to be a true and accurate record.

Matters Arising:

Minute 12: 45 Burnham Gardens, Cranford (Paragraph 6):

Councillor Mammat sought an update on whether, once issued, an enforcement notice remained live on a property forever or whether a new notice was required every time a breach was reinstated.  Ms Edwards, Legal Representative, informed members that she had discussed this matter with Marilyn Smith, Planning Officer, and it had been acknowledged that in the vast majority of the borough’s enforcement cases the enforcement notice was left on the enforcement register, something which the Council was entitled to do, so that the enforcement notice remained in effect.

Retaining the enforcement notice on the register meant that the Council was able to take action to enforce any subsequent breach of the enforcement notice.

Minute 17: Update Report (Paragraph 7):

Councillor Mammat sought an update on the task group’s progress in targeting certain areas that had higher levels of enforcement cases.  The Chair reported that, although the members of the task group had been identified, it had not yet looked at how best to use the group’s available resources.

Minute 17: Update Report (Paragraph 8):

In response to Councillor Mammat’s request for an update on the suggestion to include an article in the Hounslow Matters magazine, Marilyn Smith confirmed that a section of the magazine had been booked for the September issue. 

See report by the Development Control Support Manager (Agenda Item 4)

Marilyn Smith, Development Control Support Manager, drew attention to the main points in the submitted report.

Members voted unanimously in favour of the officer’s recommendation for enforcement action to be taken.

Resolved:

That the Committee considers it expedient, having regard to the provisions of the Unitary Development Plan, and all material considerations, to grant authority for:

All necessary steps to be taken for the preparation, issue and service of an enforcement notice(s) in relation to 165 Popes Lane, Ealing requiring within three calendar months:

·        Removal of the side and rear roof dormer replace roof tiles, or

·        Rebuild the side and rear roof dormers in accordance with the approved plans of planning application reference 00885/165/P2; and

·        Removal of all resultant debris associated with the unauthorised structure from the premises

And for:

The institution of any necessary legal proceedings in the event of non-compliance with the above enforcement notice(s), pursuant to Section 179 of the Town and Country Planning Act 1990

The carrying out of works in default under Section 178 of the Town and Country Planning Act 1990 in the event of non-compliance with the enforcement notice, including the recovery of the Council’s costs in carrying out such work; and

Pursuant to the provisions of Section 173A of the Town and Country Planning Act 1990, authority to withdraw the enforcement notice(s) or waive or relax any requirement of the enforcement notice(s) as required; and authority where the enforcement notice(s) has been withdrawn, to issue a replacement enforcement notice(s) in order to enforce against the breach(es) of planning control; and

So as to ensure that the allegations and requirements in the enforcement notice(s) or replacement enforcement notice(s) accurately reflect (and / or take account of any material changes in) the use or development of the land occurring before service of the said notice(s), authority to amend, supplement and / or delete the allegations and the requirements set out in the Recommendations herein.

The motion to approve enforcement action was proposed by Councillor Rajawat and seconded by Councillor Harmer.   

See report by the Development Control Support Manager (Agenda Item 5)

Marilyn Smith, Development Control Support Manager, drew attention to the main points in the submitted report.

Councillor Smart drew attention to 5.10 of the report and asked that the reference to the “M4 trunk road” be amended to read “A4 trunk road”.

As members sought an update on the north side of the site, Ms Smith confirmed that a number of enforcement notices had been issued and that the deadline for compliance for the majority of these notices fell at the end of July 2012.  Should the enforcement notices not be complied with, the next step would be prosecution.  She also indicated that the site was licensed for up to 14 days events, such as the funfair currently on site, and that these did not require planning permission.

When members raised concerns about the burning of tyres and the contamination of the soil, Ms Smith confirmed that the enforcement notice required the removal of all tyres and informed members that matters related to the waste oil and its affect on the water table fell within the jurisdiction of the Environment Agency.

Members voted unanimously in favour of the officer’s recommendation for enforcement action to be taken.

Resolved:

That the Committee considers it expedient, having regard to the provisions of the Unitary Development Plan, and all material considerations, to grant authority for:

All necessary steps to be taken for the preparation, issue and service of an enforcement notice(s) in relation to Rectory Farm, Cranford requiring within three calendar months:

Cease the use of the land for:

i)                    car washing;

ii)                  the storage of tyres;

iii)                the sale of tyres;

iv)                shredding/processing of tyres:

v)                  the processing/transferring of waste oil

Remove from the land:

i)                    all materials associated with the car washing;

ii)                  all materials associated with the transfer of waste oil;

iii)                all material associated with the processing/shredding and sale of tyres;

iv)                all tyres;

v)                  all hard standing from the open land;

vi)                all materials associated with the transfer of waste oil;

vii)              All vehicle associated with the unauthorised uses

cease the use of the ground floor of 601 Bath road as a commercial office and reception area;

Remove all resultant debris;

The institution of any necessary legal proceedings in the event of non-compliance with the above enforcement notice(s), pursuant to Section 179 of the Town and Country Planning Act 1990; and

The carrying out of works in default under Section 178 of the Town and Country Planning Act 1990 in the event of non-compliance with the enforcement notice, including the recovery of the Council’s costs in carrying out such work; and

So as to ensure that the allegations and requirements in the enforcement notice(s) or replacement enforcement notice(s) accurately reflect (and / or take account of any material changes in) the use or development of the land occurring before service of the said notice(s), authority to amend, supplement and / or delete the allegations and the requirements set  ...  view the full minutes text for item 4.

See report by the Development Control Support Manager (Agenda Item 6)

Marilyn Smith, Development Control Support Manager, drew attention to the main points in the submitted report.

Members voted unanimously in favour of the officer’s recommendation for enforcement action to be taken.

Resolved:

That the Committee considers it expedient, having regard to the provisions of the Unitary Development Plan, and all material considerations, to grant authority for:

All necessary steps to be taken for the preparation, issue and service of an enforcement notice(s) in relation to 22 Ferndale Avenue, Hounslow requiring within three calendar months:

·        Cease the use of the property as two self-contained residential units

·        Remove all but one of the kitchens from the property

·        Return the property to a condition that would enable its use as a single residential dwelling

·        Remove all resultant debris associated with the unauthorised use from the premises; and for

The institution of any necessary legal proceedings in the event of non-compliance with the above enforcement notice(s), pursuant to Section 179 of the Town and Country Planning Act 1990; and

The carrying out of works in default under Section 178 of the Town and Country Planning Act 1990 in the event of non-compliance with the enforcement notice, including the recovery of the Council’s costs in carrying out such work; and

So as to ensure that the allegations and requirements in the enforcement notice(s) or replacement enforcement notice(s) accurately reflect (and / or take account of any material changes in) the use or development of the land occurring before service of the said notice(s), authority to amend, supplement and / or delete the allegations and the requirements set out in the Recommendations herein.  [A replacement enforcement notice is an enforcement notice issued following action taken pursuant to s.173A of the Town and Country Planning Act 1990, namely the withdrawal of the enforcement notice or the waiving or relaxation of any of its requirements.]

The motion to approve enforcement action was proposed by Councillor Harmer and seconded by Councillor Barwood. 

See report by the Development Control Support Manager (Agenda Item 7)

Marilyn Smith, Development Control Support Manager, drew attention to the main points in the submitted report. 

When asked why the paragraphs on the Community Infrastructure Levy (CIL) were included in the enforcement reports, Ms Smith informed members that the land owner had a right to appeal the Enforcement Notice.  Should the Planning Inspector decide to overturn the notice on appeal, the structure would then become liable to pay CIL.

Members voted unanimously in favour of the officer’s recommendation for enforcement action to be taken.

Resolved:

That the Committee considers it expedient, having regard to the provisions of the Unitary Development Plan, and all material considerations, to grant authority for:

All necessary steps to be taken for the preparation, issue and service of an enforcement notice(s) in relation to 6 Benedict Drive, Bedfont requiring within three calendar months:

·        Cease the use of the outbuilding located to the side of the main house as a separate self-contained residential unit

·        Remove the kitchen and kitchen related facilities from the outbuilding

·        Remove all resultant debris associated with the unauthorised use from the premises;

and for

The institution of any necessary legal proceedings in the event of non-compliance with the above enforcement notice(s), pursuant to Section 179 of the Town and Country Planning Act 1990; and

The carrying out of works in default under Section 178 of the Town and Country Planning Act 1990 in the event of non-compliance with the enforcement notice, including the recovery of the Council’s costs in carrying out such work; and

So as to ensure that the allegations and requirements in the enforcement notice(s) or replacement enforcement notice(s) accurately reflect (and / or take account of any material changes in) the use or development of the land occurring before service of the said notice(s), authority to amend, supplement and / or delete the allegations and the requirements set out in the Recommendations herein.  [A replacement enforcement notice is an enforcement notice issued following action taken pursuant to s.173A of the Town and Country Planning Act 1990, namely the withdrawal of the enforcement notice or the waiving or relaxation of any of its requirements.]

The motion to approve enforcement action was proposed by Councillor Rajawat and seconded by Councillor Harmer. 

See report by the Development Control Support Manager (Agenda Item 8)

Marilyn Smith, Development Control Support Manager, drew attention to the main points in the submitted report.

Members voted unanimously in favour of the officer’s recommendation for enforcement action to be taken.

Resolved:

That the Committee considers it expedient, having regard to the provisions of the Unitary Development Plan, and all material considerations, to grant authority for:

All necessary steps to be taken for the preparation, issue and service of an enforcement notice(s) in relation to 31 Legrace Avenue, Cranford requiring within three calendar months:

·        Cease the use of the outbuilding as a separate self-contained residential unit; 

·        Remove the kitchen and all kitchen related facilities from the outbuilding;

·        Removal of the second rear extension (timber structure)

·        Removal of all resultant debris from the premises  

The institution of any necessary legal proceedings in the event of non-compliance with the above enforcement notice(s), pursuant to Section 179 of the Town and Country Planning Act 1990; and

The carrying out of works in default under Section 178 of the Town and Country Planning Act 1990 in the event of non-compliance with the enforcement notice, including the recovery of the Council’s costs in carrying out such work; and

So as to ensure that the allegations and requirements in the enforcement notice(s) or replacement enforcement notice(s) accurately reflect (and / or take account of any material changes in) the use or development of the land occurring before service of the said notice(s), authority to amend, supplement and / or delete the allegations and the requirements set out in the Recommendations herein.  [A replacement enforcement notice is an enforcement notice issued following action taken pursuant to s.173A of the Town and Country Planning Act 1990, namely the withdrawal of the enforcement notice or the waiving or relaxation of any of its requirements.]

The motion to approve enforcement action was proposed by Councillor Smart and seconded by Councillor Barwood. 

See report from the Development Control Support Manager (Agenda Item 9).

Marilyn Smith, Development Control Support Manager, introduced the submitted report and drew attention to paragraph 2.21 and the introduction of Section 70C of the Localism Act, which enables planning authorities to refuse to determine applications where there is a valid enforcement notice in place. London Borough of Hounslow officers were currently unable to do this under delegated authority so a report would be prepared for submission to the Planning Committee in September asking it to delegate powers to officers.  In order to formalise this arrangement a report would have to go to Borough Council requesting amendments to the Council’s constitution.

When asked for clarification on the financial considerations that may also be relevant when assessing breaches of planning control (Paragraph 5.3, last sentence), Ms Smith assured members that each case was looked at on its own merits and that consideration was also given to the harm caused in terms of how much it might cost to remedy that harm. If for example it could not be demonstrated that the planning breach was causing harm, it was possible that no enforcement action would be taken.

Referring to Paragraph 6.6, Ms Smith confirmed that, where a decision not objecting to the works was issued, the owner of the tree would be informed.

Ms Smith advised members that enforcement notices had to be detailed and specific to the particular planning breach to which they referred. Subsequent planning breaches to other areas within the cartilage of the same site required a new enforcement notice to be drawn up.

Councillor Smart expressed the hope that progress of this report through to decision at Cabinet or Borough Council be expedited to provide the legal framework and consequently speed up the enforcement process to reduce the current backlog of enforcement cases.  Councillor Harmer supported this view and suggested that he would support progressing a report on the planning enforcement function separately to the wider planning function if that helped expedite the necessary changes to the Council’s constitution.

Resolved:

1.1             That Members note the Report

1.2             That  the principles outlined in this report and attached paper are adopted as the policy by which the Planning Enforcement function will operate during the next year (subject to the further report on “Living in Outbuildings”)

1.3             That an annual performance report on planning enforcement be reported to the Sub-Committee at the commencement of each municipal year for review 

1.4             That Members note that a Report will be presented to Planning Committee recommending delegation of certain enforcement powers to officers.

Members submitted the additional request that the report mentioned under 1.4 of the officer’s recommendations be taken to the September meeting of the Planning Committee to avoid any undue delay in proceedings.  

See report from the Development Control Support Manager (Agenda Item 10).

The Chair thanked Ms Smith for the report, noting that he was satisfied that what was included was correct and the progress could now be made moving forward.  Ms Smith confirmed that the decision had been taken to begin fresh from May 2012.  Officers were currently closing more cases than they were receiving per month.  Referring to the cases detailed in the table within the report, Ms Smith confirmed that an appeal had been submitted by the owners of 51 Sunnycroft Road earlier that day.

Resolved:

That the report be noted.