FOR ACTION

Document Sample
FOR ACTION Powered By Docstoc
					Planning Committee 11/08/2010                                     Schedule Item: 05



FOR ACTION                      PLANNING COMMITTEE ENFORCEMENT REPORT

Our Ref:COM/2009/00783

Report prepared by: Sarah Marshall                           Date: 10 January 2012

Report cleared by (signature):


Ward:                  Address:
Hanger Hill            46 PARK VIEW ROAD, EALING W5 2JB

Report recommending enforcement action against the alleged breach of
planning control:
Without planning permission the use of the property as a mixed residential
(C3)/events venue (sui generis) including commercial weddings, corporate
functions, filming for television and feature films photo shoots, private parties and
charity events at 46 Park View Road, Ealing.


1.0   RECOMMENDATIONS

1.1   It is RECOMMENDED that:

      i)      The Head of Planning Services be authorised to take enforcement
              action to secure the:
                   Cessation of the use of the property as a mixed residential
                     (C3)/events venue (sui generis) including commercial weddings,
                     corporate functions, filming for television and feature films photo
                     shoots, private parties and charity events. For the following
                     reasons:

                 a) The alleged breach of planning control has occurred within the
                    last 10 years, therefore it is not immune from enforcement
                    action.

                 b) The unauthorised use of the site by reason of its impact on the
                    local residential amenity, inappropriateness of the site for a
                    mixed C3/sui generis use, and detrimental impact on traffic and
                    parking is contrary to policies 4.1, 4.2, 4.11, 6.1, 9.1, 9.7 and 9.9
                    of the adopted Ealing Unitary Development Plan „Plan for the
                    Environment‟ (2004) and the Council‟s Supplementary Planning
                    Guidance 10 „Noise and Nuisance‟.

                 c) The Council considers that it is expedient to serve the Notice
                    and that there are no steps short of those required by the
                    Council, which can be taken to remedy the breach of planning
                                                                 Schedule Item: 05


                  control.


2.0   Details of Enforcement Investigation
2.1   On the 19th November 2009 the Council received a complaint that a number
      of Heavy Goods Vehicles (HGV‟s) were seen entering and leaving the site.
      A site visit was carried out on the 4th December 2009, however no HGV‟s
      were witnessed at that time. Therefore, it was not possible for the Council to
      establish if a material change of land use or a breach of planning control
      had occurred.

2.2   Following the site visit, the Planning Enforcement officer contacted the
      complainant to detail what type of evidence would be required in relation to
      any further activities for the Council to come to a view as to whether a
      possible breach of planning control was occurring and to explain what
      courses of action were open to the Council.

2.3   In March 2010, the licensing team within the Council's Regulatory Services
      section, who had also been investigating complaints regarding this site and
      possible breaches of licensing regulations, brought to the Planning
      Enforcement team's attention the web site: www.whitehouselondon.com that
      advertised the use of 46 Park View Road for commercial or other events,
      such as weddings, corporate events as well as charity events. On the basis
      of the further evidence submitted to the Council by both the complainant and
      what was viewed on the website it was considered, that on balance, a
      material change of use, from a residential dwelling to a mixed use of
      residential use and a „sui generis‟ use (as an events venue) had occurred.

2.4   On the 11th March 2010 the owner was made aware that the Council
      considered that the use of his property had changed to a mixed use of
      residential/‟sui generis‟ and that planning permission would be required for
      such a change of use. Subsequent to the Council's correspondence, the
      owner has made some alterations to the contents of the website and also to
      the way in which these events are run. This was mainly to ensure
      compliance with the Licensing Act 2003. However this does not overcome
      the outstanding planning issues.

2.5   Planning Enforcement Officers met with the owner at the property on the
      13th May 2010 to view the interior of the property and to discuss the
      activities that were taking place on the site. It was confirmed during this site
      visit that a wedding would take place at the property on the 15th May 2010.
      The officers informed the Council‟s Noise and Nuisance Team of this and
      subsequently officers from both this team and the Planning Enforcement
      Team visited the site during the day and evening of the event on the 15 th
      May 2010.

2.6   As a result of the evidence provided to the Council to date and the findings
      of Council officers, the Council is satisfied that the current mixed use of the
Page 2 of 12
                                                              Schedule Item: 05


      property amounts to a breach of planning control and that if planning
      permission would be granted for this material change of use it would not be
      unconditional.

2.7   The Council has written on the 20th May 2010 to the owner of the property
      requesting the submission of a planning application to regularise the breach
      of planning control. A meeting between the owner of the property, his agent
      and enforcement officers was held on the 15th July 2010 where it was
      confirmed that a planning application would be forthcoming, however no
      application has been submitted to the Council to date. Therefore in
      accordance with PPG 18 the Council has assessed that it is expedient to
      take enforcement action against this unauthorised use.

3.0   EVIDENCE OF BREACH OF PLANNING CONTROL
3.1   Material change of use of the land
      The lawful use of the land is a dwellinghouse, Use Class Order C3 as
      defined in the Annex to the Town and Country Planning (Use Classes)
      Order 1987, as amended and is currently operating as a mixed C3/ Sui
      Generis use. A sui generis use is one which does not fall within any use
      class under the order. Section 55 of the Town and Country Planning Act
      1990 states that “development,” includes any material change in the use of
      any buildings or land other than when the land or buildings within the
      curtilage of a dwellinghouse is used for any purpose incidental to the
      enjoyment of the dwellinghouse.

3.2   The assessment for a „change of use‟ is based on fact and degree. The
      Council is aware of 12 events having been held at the site to date with
      another 5 to be held over the next 8 weeks. The capacity for this site is
      between 200 to 300 guests. A Council Officer witnessed one event held at
      the site during May. This event was a private wedding reception and the
      guests arrived by private cars and the bride and groom by horse drawn
      carriage. Whilst some events can be carried out at properties without a
      material change of use occurring, in this instance due to the nature of the
      events, the number of events that are occurring, both private and
      commercial, along with the level of advertising, the Council has assessed
      that a material change of use has occurred.

3.3   The Council has no record of planning permission being granted for the
      subject site to be used as a mixed C3/sui generis use. Therefore the use is
      unlawful and the property could be subject to enforcement action.

      Immunity
3.4   Under Section 171B (3) of the Town and Country Planning Act 1990 (as
      amended) any material change of use, has an immunity period of 10 years
      before it has deemed consent and would not be in breach of planning
      control. The sui generis use was introduced to the site in the last 2 years
      with an intensification of this use within the last 12 months. This
      corresponds with the complaints received by the Council.
Page 3 of 12
                                                                Schedule Item: 05




      EXPEDIENCY OF TAKING ENFORCEMENT ACTION
4.0   Property Description
4.1   The subject site is located on the western side of Park View Road, Ealing
      approximately 80 meters south of the intersection with Hillcrest Road.

4.2   The subject site is an „L‟ shaped site with a detached dwelling located at the
      rear which is a heavily modified Edwardian dwelling that has been re-
      constructed in an authentic neo-classical style. Situated in the southeastern
      corner of the site, just within the entrance of the property, stands a 1.5
      storey coach house. A second coach house has been proposed and will
      mirror the existing coach house and will be located in the northeastern
      corner of the site.

4.3   The site features mature trees providing extensive boundary screening from
      adjoining properties and the reservoir which adjoins the site on the western
      boundary. The site is screened from Park View Road by a very high white
      rendered wall which has 2 electronic gates which are normally closed. Park
      View Road is predominately residential and the site is zoned under the
      Unitary Development Plan as being residential. Within the surrounding
      locality are 2 sports grounds, the Barclays Sports Ground having a frontage
      onto Park View Road.

4.4   The site is not located within a conservation area nor is the building listed.
      The western boundary of the site adjoins the edge of the Ealing Cricket
      Conservation Area which was confirmed in October 2004 but is not subject
      to an Article 4 direction. The subject site is subject to a Tree Preservation
      Order (TPO) number 588A which was confirmed on the 19th March 2004.
      This TPO is a blanket order which covers all trees on the site.

4.5   Impact On Neighbours And Local Area
      The character of the surrounding area is predominately residential including
      the adjoining sites to the northern and southern boundaries of the site.
      Whilst the site is not located within a conservation area the site adjoins the
      Ealing Cricket Conservation Area. It is acknowledged that there are some
      non-residential uses within the surrounding area, however the sites in close
      proximity are purely residential activities. The introduction of a sui generis
      use in this location is an incongruous activity and does not enhance or
      protect the living conditions of the surrounding environment.

4.6   The Pollution Control Team within the Council‟s Regulatory Service
      Department have received complaints regarding noise nuisance which they
      are currently in the process of investigating. While there is some
      landscaping around the boundaries of this site, this does not ensure that the
      adjoining residential dwellings, which are in close proximity to the
Page 4 of 12
                                                               Schedule Item: 05


      boundaries of the subject site, are protected from noise nuisance. Policy
      4.11 stipulates that any development which creates noise should have
      suitable noise attenuation and not be in close proximity to other activities
      where this would create a nuisance. Due to there not being a restriction on
      the hours and nature of the operation, and the current operations where
      people are permitted to hire the property for a day, a week or longer,
      functions can continue into unsociable hours and have a detrimental effect
      on the living conditions of the surrounding residents. The site has a public
      transport accessibility level of 1-2.
      Policy 4.1 indicates, inter alia, that development will only be approved that
4.7   respects current standards of privacy and freedom from traffic nuisance,
      disturbance or visual intrusion in relation to neighbouring land uses. The
      events use gives rise to noise nuisance and nuisance from commercial
      vehicles gaining access to and from the site and from traffic parking on local
      streets when large scale events are held at the property. The use does not
      comply with policy 4.1.

      Suitability Of The Site
      Policy 4.2 states that mixed uses will be promoted if the location is suitable
4.8   and the use does not conflict with other policies. The policy recommends
      that if the location is not in a town centre a mixed use would be considered if
      the site has good links with public transport. The policy further states that
      the use should be compatible with the adjoining properties and the
      surrounding area. The proximity to the nearest tube station is 0.42miles
      from the site and there are no bus routes which go past this site.

      Policy 6.1 stipulates that the Council will permit small-scale business uses in
      residential properties, provided that there would be no detriment to the local
4.9   environment and that the residential occupation would not cease. While the
      property is still being used for residential occupation, the commercial aspect
      of the use of the property is having an adverse effect on the local residential
      environment. Therefore the use is not suitable for the site and does not
      accord with policies 4.2 or 6.1.

     Without having a formal application to assess, the Council is unable to
4.10 confirm that the site meets the objectives of policy 4.3 Inclusive Design-
     Access for all. If an application was submitted to the Council, aspects such
     as parking, the inclusion of lifts and ramps, and wheelchair and other
     disabilities facilities would be assessed to ensure that this property had
     suitable functions to ensure people with disabilities were not discriminated
     against.

     Traffic
4.11 The following comments have been provided by the Council‟s Transport
     Team regarding this unauthorised use:

      “The site has a Public Transport Accessibility Level (PTAL) of between 1
Page 5 of 12
                                                                             Schedule Item: 05


4.12 (very poor) and 2 (below average), therefore it is not in the most accessible
     location”. Therefore it can be assessed that this does not meet the
     objectives of policy 9.7 of the Unitary Development Plan.

4.13 “The controlled parking zone only operates Monday to Friday 9AM-10AM
     and 3PM - 4PM so it is unlikely that this will act as much of a deterrent”.

     “On the face of it then, it is not something we would support as this type of
4.14 venue would be best situated in an area of high accessibility to increase the
     mode options of visitors and would be contrary to the Council's adopted
     UDP policy 9.1 as it (i) fails to maximise access on foot, wheelchair and
     bicycle, (ii) fails to maximise use by public transport, (iii) fails to consider the
     availability of parking spaces, (iv) fails to provide sufficient off street car
     parking spaces, (v) fails to provide servicing and (vi) fails to ensure the
     surrounding streets are not subject to parking stress”.

4.15 “For an application we would require a transport assessment detailing the
     impact of the development on the highway including servicing, car parking
     arrangements etc and a travel plan detailing how this impact will be
     minimised. It is likely that there will be a requirement for the CPZ to extend
     the hours of operation for at least when an event is taking place”.

4.16 It has been noted that during these events coaches and HGV‟s have been
     used for the delivery of equipment and guests relating to the events. Policy
     9.9 stipulates that the Council will regulate development in the interest of
     road safety and make the best of available road space for all uses. The
     classification of the road to which the development would gain access is an
     important consideration. Development which would generate significant
     traffic increases on local roads will be resisted. It is therefore considered
     that the events use at this address, on a local road, is contrary to this
     policy.

5.0    RELEVANT PLANNING HISTORY

       Application Development Description                       Decision         Decision
       Number                                                                     Date
       11529/1      ERECTION OF TWO STOREY SIDE                  GRANTED          10-01-1990
                    EXTENSION TO DWELLINGHOUSE.                  CONDITIONALLY
       15229        ERECTION OF SINGLE AND THREE                 REFUSED          20-02-1974
                    STOREY EXTENSIONS AND THE
                    PROVISION OF FIVE DORMER
                    WINDOWS.
       15229/2      Detached three storey six bedroom house      WITHDRAWN        10-12-2002
                    in garden of number 46 ( to replace
                    existing two storey garage and swimming
                    pool) with parking and landscape.
       15229/3      Alteration to front dormer windows, 2        GRANTED          10-06-2003
                    dormer extensions to side roof slopes of     CONDITIONALLY
                    house, ground floor extensions to rear and
                    two storey extension to side of house,
                    removal of chimney stacks and alteration

Page 6 of 12
                                                                             Schedule Item: 05

                    to windows on all elevations
      15229/4       Two storey side extension, roof extension     GRANTED          10-06-2003
                    and new stair enclosure                       CONDITIONALLY
      15229/5       Alterations at ground and first floors and    GRANTED          10-11-2003
                    roof level and formation of roof terraces     CONDITIONALLY
                    with decorative balustrades
      15229/6       Two storey rear extension with mansard        GRANTED          18-03-2004
                    roof and widening of dormer window on         CONDITIONALLY
                    rear roof slope
      15229/7       Two storey height portico on south            GRANTED          11-02-2004
                    elevation                                     CONDITIONALLY
      P/2005/3125   Proposed redevelopment of detached            GRANTED          23-02-2006
                    outbuilding                                   CONDITIONALLY
      P/2006/3749   Redevelopment of garage buildings to          GRANTED          15-03-2007
                    create entrance building with garage and      CONDITIONALLY
                    ancillary residential accommodation
      P/2007/2927   Redevelopment of garage buildings to          GRANTED          06-09-2007
                    create two storey entrance building with      CONDITIONALLY
                    garage and ancillary residential
                    accommodation to the front of the site with
                    a central arched driveway access beneath
                    (Duplicate submission of P/2006/3749
                    approved 15/03/2007)
      P/2007/4577   Details of hard and soft landscaping,         GRANTED         26-11-2007
                    replacement trees and tree protection         UNCONDITIONALLY
                    measures pursuant to Condition 4 & 5 of
                    planning approval P/2007/2927 dated
                    06/09/2007 for redevelopment of garage
                    buildings to create two storey entrance
                    building with garage and
      P/2007/5008   Details of materials pursuant to condition    GRANTED         14-07-2010
                    2 of planning permission ref: P/2007/2927     UNCONDITIONALLY
                    dated 06.09.07 for redevelopment of
                    garage buildings to create two storey
                    entrance building with garage and
                    ancillary residential accommodation to the
                    front of the site w
      P/2007/5009   Details of materials pursuant to condition    GRANTED         14-07-2010
                    2 of planning permission ref P/2006/3749      UNCONDITIONALLY
                    dated 15/3/07 for redevelopment of
                    garage buildings to create entrance
                    building with garage and ancillary
                    residential accommodation



      PLANNING POLICIES

6.0   National Policy

      National Planning policy guidelines issued by Central Government, and
      specifically relevant to the enforcement of planning control, include
      „Planning Policy Guidance Note 18: Enforcing Planning Control‟. Central
      Government advice on enforcement matters is also set out in Circular 10/97,
      „Enforcing Planning Control: Legislative Provisions and Procedural
      Requirements‟.

      Local Policy
Page 7 of 12
                                                                 Schedule Item: 05



      The following policies are of direct relevance to the issues referred to in this
      report:


      Adopted Ealing Unitary Development Plan ‘Plan for the Environment’
      (2004)
      Policy 4.1- Design of Development
      1. The design of development should be guided by the following principles:
      i)     Good Layout;
      ii)    Appropriate Height and Scale;
      iii)   High Quality Architecture and Character;
      iv)    Appropriate Materials;
      v)     Sustainability;
      vi)    Inclusive Design - Access for all;
      vii)   Community Safety;
      viii)  Legibility;
      ix)    Appropriate Hard and Soft Landscaping;
      x)     Adaptability.

      2. The Council will only approve development that respects current
         standards of safety, natural light, health, privacy and freedom from traffic
         nuisance, disturbance or visual intrusion in relation to neighbouring land
         uses.

      3. An Urban Design Statement should be submitted for all significant
         development proposals within the Borough, particularly those sites that
         are likely to have a significant impact on the public realm, are sited within
         an area of character or are major regeneration schemes.

      Policy 4.2 - Mixed Use
      The Council will promote mixed-use development, particularly in town
      centres and other areas with good public transport accessibility. In other
      locations the Council may seek a mixture of uses, where this does not
      conflict with other policies. In all cases the Council will take into account the
      scale and nature of the proposed development relative to the mix of land
      uses in the surrounding area.

      Policy 4.3- Inclusive Design - Access for All
      Development should be accessible to all, and proposals will be expected to
      provide:
      1. Appropriate design of spaces between and around buildings, including
      parking provision, access points for public and community transport, surface
      treatment of pavements and pedestrian areas, kerbs and crossing, ramped
      changes in level, street furniture and sign-posting;
      2. Accessible entrances to/exits from buildings, including level or ramped
      access points, handrails for use by adults and children, entrances which are
      wide enough for wheelchair users and doors that everyone can use safely;
Page 8 of 12
                                                                 Schedule Item: 05


      3. Internal space and layout which allows for accessible reception areas,
      corridors, toilets, lifts, stairways and the main areas of buildings;
      4. Requirements relating to different aspects of disability, including
      wheelchair use, guide dog use, ambulant disability and sensory impairment
      (sight or hearing).

      Policy 4.11- Noise and Vibration

      1. Development generating noise or vibration will not be permitted where it
      would cause noise or vibration above acceptable levels, particularly where it
      would harm existing or proposed noise sensitive development, unless this
      can be satisfactorily attenuated.
      2. Noise - sensitive development will not be permitted where its users would
      suffer noise above acceptable levels, unless this can be acceptably
      attenuated.

      Policy 6.1- Supply of Land and Property for Business Use

      1. The Council will seek to develop a sustainable economic mix in the area;
      by retaining an appropriate land supply for industrial and warehousing units
      in Major Employment Locations, light industrial uses on Employment Sites,
      a wider range of employment uses including offices in shopping centres and
      at transport nodes, and smaller local economic activities at non-designated
      sites.
      2. In addition, in appropriate circumstances, the Council will permit small-
      scale business use in residential property, provided that there would be no
      detriment to the local environment, and there would be continued residential
      occupation of the individual residential unit concerned.

      Business Use in Residential Property: also provides for an increasing,
      though small, proportion of business use in the borough.

      Policy 9.1- Development, Access and Parking
      Planning permission will normally only be granted for development which
      ensures traffic safety, and:
      (i) Maximises access on foot, and by wheelchair and bicycle, including
      provision for parking and other facilities;
      (ii) Maximises public transport use by visitors, employees and residents;
      (iii) Considers the availability of car parks and on-street parking in the area,
      and where necessary, contributes to parking control and other local traffic
      restraint measures, consistent with the local Area Transport Strategy;
      (iv) Provides off-street car parking for journeys which cannot be catered for
      in any of the above ways, and in any case no more than the Council's
      maximum requirement;
      (v) Provides space for servicing and the parking of service vehicles and
      coaches, including -
      (a) Adequate manoeuvring and loading/unloading space for freight and
      passenger vehicles,
Page 9 of 12
                                                               Schedule Item: 05


      (b) Adequate means of vehicular and pedestrian access to the site,
      (c) Good design of the parking and servicing area;
      (vi) Ensures that the surrounding streets are not subject to parking stress or
      danger or nuisance from inappropriate on-street parking or waiting as a
      result of the proposed development;
      (vii) Provides a Travel Plan and a Transport Assessment when requested by
      the local planning authority.

      Policy 9.7 - Accessible Transport
      1. The Council will encourage development that makes provision for
      accessible transport, serving people with disabilities and others with mobility
      difficulties.
      2. Designated drop-off and pick-up points should be provided within the site,
      which facilitate access for disabled people.
      3. Development which generates large numbers of trips to and from the site,
      should contribute to accessible transport services through planning
      obligations.

      Policy 9.9 – Highways and Traffic Management
      The Council will regulate development in the interest of road safety and
      make the best of available road space for all uses. The classification of the
      road to which the development would gain access is an important
      consideration. On strategic and main distributor roads, access points will be
      limited, with proposals to enhance bus operations, cycling, and the local
      environment. Development which would generate significant traffic
      increases on local roads will be resisted.

      Supplementary Planning Guidance 10 „Noise and Vibration
7.0   CONSULTATION
      None.

8.0   FINANCIAL IMPLICATIONS
      None

9.0   LEGAL IMPLICATIONS

      The report recommends that the Council exercise its powers under Section
      172 of the Town & Country Planning Act 1990 by serving an Enforcement
      Notice and taking enforcement action.

      Any enforcement notice may be appealed to the Planning Inspectorate.

10.0 HUMAN RIGHTS

10.1 In making your decision, you should be aware of and take into account any
     implications that may arise from the Human Rights Act 1998. Under the Act,
     it is unlawful for a public authority such as the LONDON BOROUGH OF
     EALING to act in a manner that is incompatible with the European
Page 10 of 12
                                                                Schedule Item: 05


       Convention on Human Rights.

10.2 You are referred specifically to Article 8 (right to respect for private and
     family life), Article 1 of the First Protocol (protection of property). It is not
     considered that the action that is recommended in this report interferes with
     applicant‟s right to respect for their private and family life, home and
     correspondence, except insofar as it is necessary to protect the rights and
     freedoms of others (in this case, the rights of neighbours). The Council is
     also permitted to control the use of property in accordance with the general
     interest. You are further advised that if the Council resolves to approve the
     recommendation contained in this report, enforcement action is a
     proportionate response to the harm caused by this unauthorised
     development.

10.3 It is considered that, whilst the action that is recommended in this report will
     deprive the owner of the site of part of his business (albeit unauthorised)
     such action is being taken in the general interest. In this case the Council
     deems it necessary to control the use of this property in the general interest
     of the overall area. In this case the Council deems it necessary to control
     the use of this property in accordance with the general interest for the
     reasons set out in this report (Article 1 of the First Protocol applies). The
     enforcement action is a proportionate response to the harm caused by this
     unauthorised development.

11.0 STAFFING AND ACCOMMODATION IMPLICATIONS
     The institution of legal proceedings relating to enforcement matters is a
     function of the Local Planning Authority that the Council can undertake with
     the existing staff provisions.


12.0   CONCLUSION
       The alleged unauthorised use of a residential property as a mixed C3/ sui
       generis use at 46 PARK VIEW ROAD, EALING fails to comply with the aims
       and objectives of the development plan policies and guidance referred to in
       this report.

       The Council adopted a „Planning Enforcement Policy‟ in July 2004. It is
       recognised that, when considering whether to take enforcement action, the
       decisive issue for the Council should be whether the breach of control
       would unacceptably affect public amenity, or the existing use of land or
       buildings, meriting protection in the public interest.

       The Policy recognizes that where development is unacceptable as it stands,
       but could be considered acceptable subject to alterations or modifications,
       the enforcement recommendation should be to require that those alterations
       or modifications be carried out. This is not relevant in this case. Opportunity
       has been provided to discuss alternative proposals, but no attempt has
       been made to remedy the planning breach. The only way open to the
Page 11 of 12
                                                             Schedule Item: 05


       Council to remedy the situation is by the issue of an Enforcement Notice to
       secure the cessation of the unauthorised use of the property.

       It is therefore recommended that the Head of Planning Services be
       authorised to take enforcement action.

13.0   BACKGROUND INFORMATION

14.1   File Ref.: COM/2009/00783 is available by prior appointment for inspection
       on the Ground Floor, Perceval House 14-16 Uxbridge Road, W5 2HL.




Page 12 of 12

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:9
posted:1/10/2012
language:English
pages:12