Agenda
Southend-on-Sea Borough Council Item
Report of the Corporate Director
Enterprise, Tourism & the Environment
to
Development Control Committee
On
8th October 2008
Report prepared by : Enforcement Officers
TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 172
ENFORCEMENT OF PLANNING CONTROL
A Part 1 Public Agenda Item
1 Introduction
1.1. This report relates to alleged breaches of planning control. Recommendations
are made at the conclusion of each item.
2 Leigh Ward – 7 Leigh Hill, Leigh on Sea
Alleged Breach of Control
2.1 Erection of a wooden shed and conversion of a garage to a car port without
planning permission.
Location and Description
2.2 The buildings are located in the Leigh Conservation Area within the curtilage of
a detached house. Whilst the house itself fronts the north side of Leigh Hill, the
irregular shaped plot is adjacent to Leigh Park Road, and these buildings are
next to the southwest side of Leigh Park Road 22m from the junction with Leigh
Hill.
Development Plan
2.3 Policies KP2 and CP4 of the Core Strategy (DPD1).
2.4 Saved BLP Policies C4 (Conservation Areas) and C11 (New Buildings
Extensions and Alterations).
2.5 Design and Townscape Guide (SPD1).
Relevant Planning History
2.6 20th June 2005 permission refused on delegated authority for erection of
wooden shed, reference SOS/05/00573/FUL.
Lawful Planning Use
2.7 The lawful use of the site is as a single dwellinghouse.
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Present Position
2.8 In May 2008 a local resident alleged that work on erecting a shed (as had been
refused permission) had resumed. A visit in June 2008 confirmed that this work
on the erection of a wooden shed was apparent although it had not been
completed. A further visit in July 2008 showed that the shed was complete and
that the garage had been converted to a car port by having its sides and front
removed.
Comments
2.9 The application for permission to erect a shed arose from an enforcement
enquiry in January 2005 when it was partially constructed. The site is within the
Leigh Conservation Area but it is not included within the Article 4 Direction
requiring express planning permission for developments which would otherwise
benefit from permitted development rights. The reason why this shed as finally
constructed is not an authorised development is that it is closer to Leigh Park
Road than the rear northeast corner of the house of 7 Leigh Hill is to that road.
This makes it non-compliant with the requirement of the Town and Country
(General Permitted Development) Order 1995 Schedule 2 Part 1 Class E
paragraph 1b which would otherwise have allowed this shed to be erected
without any consent from the Council.
2.10 The garage as it existed prior to its recent conversion to a car port had been
treated as immune to enforcement by having existed for more than four years.
But the Town and Country Planning Act 1990 makes it clear that such
modifications are defined as development, so this car port can now be enforced
against.
2.11 The decision to refuse planning permission for the shed in 2005 referred to the
detrimental impact on the street scene of the shed. Now that the garage has
been converted without authority there are two small unauthorised structures
next to each other, and it is reasonable to consider their joint impact on the
street scene. The design of both is poor and not in keeping with the general
appearance of the south side of Leigh Park Road. This basically presents low
fences, front gardens with decorative planting on a steep slope, and houses of
traditional design with ridged roofs. Because of the steep slope there is a
general absence of driveways and garages visible on the south side of Leigh
Park Road. Beyond the houses above the rooflines can be seen views of the
estuary. The views of the estuary draw the eyes of road users and local
residents to look south in this road, causing the poor visual impact of this shed
and car port to make a jarring contrast with both the sea and the front gardens
of other houses.
2.12 In summary whilst it has to be acknowledged that this part of Leigh is excluded
from an Article 4 Direction, and that the developments have amenity value for
the owner, it is considered that the adverse impact on local amenities of the
poor visual appearance and design would make enforcement action to remove
them proportionate and reasonable expedient and in the public interest.
Recommendation
The Committee are recommended to AUTHORISE ENFORCEMENT ACTION
and any subsequent prosecutions necessary to remove the two structures.
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This recommendation is on the basis of the detriment to public amenity caused
by their poor design and relationship with neighbouring buildings, and their
adverse impact on the street scene and the loss of visual amenity contrary to
Policies KP2 and CP4 of Development Plan Document 1, Saved Policies C4
(Conservation Areas) and C11 (New Buildings Extensions and Alterations), and
Design and Landscape Guide (Supplementary Planning Document 1).
3 Westborough – 62 Wenham Drive, Westcliff-on-Sea
Alleged Breach of Control
3.1 Without planning permission, the conversion of the property into two self-
contained flats.
Location and Description
3.2 Two storey dwellinghouse being the southernmost in a terrace of six similar
properties lying to the west side of Wenham Drive approximately 60m north of
its junction with Westborough Road.
3.3 The property previously had a large garden area to the south side but this has
recently become separated from the original curtilage and sold into different
ownership. This land forms a new planning unit in respect of which planning
permission has been granted for the construction of a two storey
dwellinghouse. As a consequence, the original property no longer has a
dedicated off-street parking facility.
Development Plan
3.4 PPS1 (Delivering Sustainable Development), PPS3 (Housing), PPG13
(Transport).
3.5 Core Strategy DPD Policy KP2 (Development Principles), CP4 (The
Environment and Urban Renaissance), CP8 (Dwelling Provision).
3.6 BLP Policies H3 ((Retention of Small Family Houses), H5 (Residential Design
and Layout Considerations), H6 (Protecting Residential Character), H7 (The
Formation of Self-Contained Flats), T11 (Parking Standards), T13 (Cycling and
Walking).
3.7 Supplementary Planning Document: Design & Townscape Guide.
3.8 EPOA Vehicle Parking Standards.
Planning History
3.9 10th December 2002 – planning permission refused to “convert single family
dwellinghouse into four self-contained flats, erect first and second floor side
extension and balcony to rear with driveway at ground floor and widen vehicular
access onto Wenham Drive” (SOS/02/00755/FUL).
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3.10 The reasons for refusal were:
1. The proposed parking spaces would be detrimental to the character and
appearance of the building and the street scene by reason of the loss of the
front garden and garden wall, contrary to BLP Policy C11.
2. The proposal would result in the loss of a small single family dwelling which
contributes to the availability of a range of house types contrary to BLP
Policy H3.
3.11 4th January 2008 – planning permission granted to “erect two storey attached
dwellinghouse” (SOS/07/01368/FUL). (This permission relates to the new
adjacent planning unit as previously described).
Lawful Planning Use
3.12 Single dwellinghouse within Class C3 of Town and Country Planning Use
Classes (Amendment) Order 2005.
Present Position
3.13 March 2008 – complaint received from local resident alleging that the property
was being converted into two self-contained flats.
3.14 A site inspection was carried out and, although it was not possible to gain
admission to the property, it was evident that two separate entrance doors had
been installed behind the original external front door.
3.15 Research of Building Control records revealed that no approval under the
Building Regulations 2000 had been applied for or granted for a flat conversion.
3.16 A letter was sent to the registered proprietor requesting that any conversion
works be undone and the property restored to its lawful internal layout as a
single dwellinghouse because it was unlikely that planning permission would be
granted for its conversion into two self-contained flats. The owner was invited
to contact the Planning Enforcement Team to discuss the matter.
3.17 No response or communication of any kind was received.
3.18 Further research of HM Land Registry revealed that the property passed into
new ownership in July 2008 and leases for two flats, namely 62A and 62B
Wenham Drive, were assigned on 8th and 11th September 2008 respectively.
3.19 A further site visit was carried out and, again, officers were unable to gain
access. However, it appeared that no change had taken place since the initial
site visit and it was evident that the property was unoccupied.
3.20 A letter was sent to the new registered proprietor requesting that any
conversion works be undone and the property restored to its lawful internal
layout as a single dwellinghouse because it was unlikely that planning
permission would be granted for its conversion into two self-contained flats.
The owner was invited to contact the Planning Enforcement Team to discuss
the matter.
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3.21 To date, no response or communication of any kind has been received.
3.22 A Planning Contravention Notice (essentially a legal request for information)
has been served on the current registered proprietor. To date, this has not
been returned as required.
Comment
3.23 Section 172.01 of the Town and Country Planning Act 1990 empowers a local
planning authority to serve an Enforcement Notice where it appears that a
breach of planning control has taken place.
3.24 Although, thus far, it has not been possible to carry out an internal inspection,
the available evidence strongly suggests that a flat conversion has taken, or is
taking place at the property in breach of planning control.
3.25 Such a conversion would result in the loss of a small family house with a floor
area under 125m² as originally constructed (for which there is a viable demand)
contrary to BLP Policy H3.
3.26 Currently, 4% of the street block has been converted into self-contained flats. If
this property were to be converted, the figure would rise to 6%. This would be
significantly lower that the 10% maximum permitted by BLP Policy H6 and the
retention of the conversion would not, therefore, conflict with this Policy.
3.27 However, it is considered that the conversion would lead to additional pressure
for on-street parking in an area which already suffers from significant parking
stress contrary to BLP Policy T11.
Recommendation
Members are recommended that ENFORCEMENT ACTION be authorised to
secure the removal from the property of all self-containment works including
partitioning, separate entrance doors and second kitchen and the reinstatement
of the internal layout to that which existed prior to its conversion into two self-
contained flats to enable its future use as a single dwellinghouse on the
grounds that the unauthorised conversion is detrimental to the residential
amenities of the area by reason of the loss of a small family house and an
unacceptable increase in the demand for on-street parking contrary to PPS1,
PPS3, PPG13, Core Strategy DPD Policies KP2, CP4 and CP8 and BLP
Policies H3, H5, H6, H7, T11 and T13.
The authorised enforcement action to include (if/as necessary):
(i) The application for a warrant, under Section 196B of the Town and Country
Planning Act 1990, authorising forced entry to the property in order to confirm
the extent of the breach of planning control.
(Such a warrant may be issued if it can be shown by sworn information to
the satisfaction of a Justice of the Peace that there are reasonable
grounds for entering the land and that admission has been refused, or a
refusal is reasonably apprehended).
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(ii) The service of an Enforcement Notice under Section 172 of the Town and
Country Planning Act 1990.
(iii) The pursuance of proceedings, whether by prosecution or injunction, to
secure compliance with the requirements of the Enforcement Notice.
Compliance with the requirements of the Enforcement Notice could necessitate
the relocation of tenants. Consequently, a compliance period of six months is
considered reasonable.
4 St Lukes – 30 Central Avenue, Southend-on-Sea
Alleged Breach of Control
4.1 Without planning permission, the conversion of the property into two self-
contained flats.
Location and Description
4.2 Two storey semi-detached dwellinghouse lying to the south side of Central
Avenue approximately midway between its junctions with Sutton Road and
Bournemouth Park Road.
4.3 The property has no off-street parking facility.
Development Plan
4.4 PPS1 (Delivering Sustainable Development), PPS3 (Housing), PPG13
(Transport).
4.5 Core Strategy DPD Policy KP2 (Development Principles), CP4 (The
Environment and Urban Renaissance), CP8 (Dwelling Provision).
4.6 BLP Policies H5 (Residential Design and Layout Considerations), H6
(Protecting Residential Character), H7 (The Formation of Self-Contained Flats),
T11 (Parking Standards), T13 (Cycling and Walking).
4.7 Supplementary Planning Document: Design & Townscape Guide.
4.8 EPOA Vehicle Parking Standards.
Planning History
4.9 None.
Lawful Planning Use
4.10 Single dwellinghouse within Class C3 of Town and Country Planning Use
Classes (Amendment) Order 2005.
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Present Position
4.11 May 2008 – Complaint received from local resident alleging that the property
had recently been converted into two self-contained flats.
4.12 A site inspection was carried out and, although it was not possible to gain
admission to the property, it was evident that an additional entrance door had
been installed to the west side elevation of the property and two separate meter
boxes had been installed to the front elevation.
4.13 Research of Development Control records revealed that no planning
permission had been applied for or granted for a flat conversion.
4.14 Research of Building Control records revealed that no approval under the
Building Regulations 2000 had been applied for or granted for a flat conversion.
4.15 Council Tax records indicate that the registered use of the property changed
from single dwelling to two flats in January 2008.
4.16 A Planning Contravention Notice (essentially a legal request for information)
was served on the registered proprietor and returned on 8 th August 2008. This
had been duly completed and stated that the property had been converted into
flats and that it was the opinion of the owner that this was the lawful planning
use.
4.17 To date, no application for a Certificate of Lawfulness for an Existing Use or
Development has been submitted.
Comment
4.18 Although, thus far, it has not been possible to carry out an internal inspection,
the available evidence (including the admission of the proprietor) strongly
indicates that a flat conversion has taken place at the property in breach of
planning control.
4.19 Section 172.01 of the Town and Country Planning Act 1990 empowers a local
planning authority to serve an Enforcement Notice where it appears that a
breach of planning control has taken place. It is considered that sufficient
evidence exists in this case.
4.20 The conversion of the property would result in the loss of a small family house
with a floor area under 125m² as originally constructed (for which there is a
viable demand) contrary to BLP Policy H3.
4.21 The conversion would result in 13.8% of the residential frontage in the street
block being flat conversions contrary to BLP Policy H6 which permits a
maximum of 10%. (The current percentage is 11%).
4.22 It is also considered that the conversion would lead to additional pressure for
on-street parking in an area which already suffers from a degree of parking
stress contrary to BLP Policy T11.
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4.23 The proprietor has indicated his intention to submit an application for a
Certificate of Lawfulness for an Existing Use or Development. Such an
application would need to be supported by documentary evidence which shows
that, on the balance of probability, the conversion was substantially completed
in excess of four years ago.
4.24 It is considered unlikely that such evidence could be provided.
Recommendation
Members are recommended that ENFORCEMENT ACTION be authorised to
secure the removal from the property of all self-containment works including
partitioning, separate entrance doors and second kitchen and the reinstatement
of the internal layout to that which existed prior to its conversion into two self-
contained flats to enable its future use as a single dwellinghouse on the
grounds that the unauthorised conversion is detrimental to the residential
amenities of the area by reason of the loss of a small family house and an
unacceptable increase in the demand for on-street parking contrary to PPS1,
PPS3, PPG13, Core Strategy DPD Policies KP2, CP4 and CP8 and BLP
Policies H3, H5, H6, H7, T11 and T13.
The authorised enforcement action to include (if/as necessary):
(i) The service of an Enforcement Notice under Section 172 of the Town and
Country Planning Act 1990.
(ii) The pursuance of proceedings, whether by prosecution or injunction, to
secure compliance with the requirements of the Enforcement Notice.
Compliance with the requirements of the Enforcement Notice could necessitate
the relocation of tenants. Consequently, a compliance period of six months is
considered reasonable.
5 Victoria – 5 Albion Road, Westcliff-on-Sea
Alleged Breach of Control
5.1 Without planning permission, the conversion of the property into three self-
contained flats.
Location and Description
5.2 Two storey semi-detached dwellinghouse lying to the north side of Albion Road
approximately 45m west of its junction with Hamlet Court Road.
Development Plan
5.3 PPS1 (Delivering Sustainable Development), PPS3 (Housing), PPG13
(Transport).
5.4 Core Strategy DPD Policy KP2 (Development Principles), CP4 (The
Environment and Urban Renaissance), CP8 (Dwelling Provision).
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5.5 BLP Policies H3 ((Retention of Small Family Houses), H5 (Residential Design
and Layout Considerations), H6 (Protecting Residential Character), H7 (The
Formation of Self-Contained Flats), T11 (Parking Standards), T13 (Cycling and
Walking).
5.6 Supplementary Planning Document: Design & Townscape Guide.
5.7 EPOA Vehicle Parking Standards.
Planning History
5.8 None.
Lawful Planning Use
5.9 Single dwellinghouse within Class C3 of Town and Country Planning Use
Classes (Amendment) Order 2005.
Present Position
5.10 June 2008 – complaint received from local resident alleging that the property
was being converted into three self-contained flats.
5.11 A site inspection was carried out but it was not possible to gain admission to
the property.
5.12 Research of Development Control records revealed that no application for
planning permission for such a conversion had been applied for or granted.
5.13 Research of Building Control records revealed that no approval under the
Building Regulations 2000 had been applied for or granted for a flat conversion.
5.14 A letter was sent to the registered proprietor requesting that he contact the
Planning Enforcement Team to discuss the matter.
5.15 Despite a reminder having been sent, to date, no response or communication
of any kind has been received.
5.16 A further site visit was carried out and, again, officers were unable to gain
access.
5.17 A Planning Contravention Notice (essentially a legal request for information)
has been served on the current registered proprietor. To date, this has not
been returned as required.
Comment
5.18 Section 172.01 of the Town and Country Planning Act 1990 empowers a local
planning authority to serve an Enforcement Notice where it appears that a
breach of planning control has taken place.
5.19 Although, thus far, it has not been possible to carry out an internal inspection,
the available evidence strongly suggests that a flat conversion has taken place
at the property in breach of planning control.
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5.20 Such a conversion would result in the loss of a small family house with a floor
area under 125m² as originally constructed (for which there is a viable demand)
contrary to BLP Policy H3.
5.21 The conversion would result in an excess of 50% of the residential frontage in
the street block being flat conversions contrary to BLP Policy H6 which permits
a maximum of 10%. (The current percentage is 47%).
5.22 It is also considered that the conversion would lead to additional pressure for
on-street parking in an area which already suffers from significant parking
stress contrary to BLP Policy T11.
Recommendation
Members are recommended that ENFORCEMENT ACTION be authorised to
secure the removal from the property of all self-containment works including
partitioning, separate entrance doors and second kitchen and the reinstatement
of the internal layout to that which existed prior to its conversion into three self-
contained flats to enable its future use as a single dwellinghouse on the
grounds that the unauthorised conversion is detrimental to the residential
amenities of the area by reason of the loss of a small family house, an
excessive percentage of the street block being given over to flat conversions
and an unacceptable increase in the demand for on-street parking contrary to
PPS1, PPS3, PPG13, Core Strategy DPD Policies KP2, CP4 and CP8 and BLP
Policies H3, H5, H6, H7, T11 and T13.
The authorised enforcement action to include (if/as necessary):
(i) The application for a warrant, under Section 196B of the Town and Country
Planning Act 1990, authorising forced entry to the property in order to confirm
the extent of the breach of planning control.
(Such a warrant may be issued if it can be shown by sworn information to
the satisfaction of a Justice of the Peace that there are reasonable
grounds for entering the land and that admission has been refused, or a
refusal is reasonably apprehended).
(ii) The service of an Enforcement Notice under Section 172 of the Town and
Country Planning Act 1990.
(iii) The pursuance of proceedings, whether by prosecution or injunction, to
secure compliance with the requirements of the Enforcement Notice.
Compliance with the requirements of the Enforcement Notice could necessitate
the relocation of tenants. Consequently, a compliance period of six months is
considered reasonable.
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Background Papers
(i) Planning applications and supporting documents and plans
(ii) Application worksheets and supporting papers
(iii) Non-exempt contents of property files
(iv) Consultation and publicity responses
(v) Borough Local Plan
(vi) Relevant PPGs, DCPNs and Circulars
NB Other letters and papers not taken into account in preparing this report
but received subsequently will be reported to the Committee either orally
or in a supplementary report.
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