Agenda item

To consider various breaches of planning consent.

(Appendix 2 to this report is confidential in view of the fact that it contains confidential information relating to individuals’ identitiesand alleged breaches of planning control which could result in prosecution by the Council and has therefore only been made available to Members and relevant Officers.)

(Report attached)

The Committee considered five contraventions of planning law, namely:

1)         Enforcement Report 2007/195/ENF

            Condition of land considered harmful to the

            residential amenities of the area

            Munsley Close, Matchborough

            RESOLVED that

            authority be delegated to the Head of Legal, Democratic and Property Services, in consultation with the Acting Head of Planning and Building Control, to take Enforcement action, including the instigation of legal proceedings if necessary, in relation to a breach of planning control, namely, allowing the condition of land to adversely affect the residential amenities of the occupiers of adjacent dwellings, by way of the serving of a Notice under Section 215 of the 1990 Act and the instigation of prosecution proceedings if necessary, in the event of any failure to comply with the requirements of that Notice.

2)         Enforcement Report 2008/165/ENF

            Condition of land considered harmful to the visual

            amenity of the area

            Barford Close, Matchborough

            RESOLVED that

            authority be delegated to the Head of Legal, Democratic and Property Services, in consultation with the Acting Head of Planning and Building Control, to take Enforcement action, including the instigation of legal proceedings if necessary, in relation to a breach of planning control, namely, allowing the condition of land to adversely affect the visual and residential amenity of the area, by way of the serving of a Notice under Section 215 of the 1990 Act and the instigation of prosecution proceedings if necessary, in the event of any failure to comply with the requirements of that Notice.

3)         Enforcement Report – 3 – 2007/221/ENF

            Condition of land considered harmful to the

            visual amenity of the area

            Exhall Close, Church Hill

            RESOLVED that

            authority be delegated to the Head of Legal, Democratic and Property Services, in consultation with the Acting Head of Planning and Building Control, to take Enforcement action, including the instigation of legal proceedings if necessary, in relation to a breach of planning control, namely, allowing the condition of land to adversely affect the visual and residential amenity of the area, by way of the serving of a Notice under Section 215 of the 1990 Act and the instigation of prosecution proceedings if necessary, in the event of any failure to comply with the requirements of that Notice.

4)         Enforcement Report 2008/059/ENF

            Condition of land considered harmful to the

            visual amenity of the neighbourhood

            Fenwick Close, Headless Cross

            RESOLVED that

            authority be delegated to the Head of Legal, Democratic and Property Services, in consultation with the Acting Head of Planning and Building Control, to take Enforcement action, including the instigation of legal proceedings if necessary, in relation to a breach of planning control, namely, allowing the condition of land to adversely affect the visual and residential amenity of the area, by way of the serving of a Notice under Section 215 of the 1990 Act and the instigation of prosecution proceedings if necessary, in the event of any failure to comply with the requirements of that Notice.

5)         Enforcement Report 2008/096/ENF

            Condition of land considered harmful to the

            visual amenity of the area

            Birchfield Road, Webheath

            RESOLVED that

            authority be delegated to the Head of Legal, Democratic and Property Services, in consultation with the Acting Head of Planning and Building Control, to take Enforcement action, including the instigation of legal proceedings if necessary, in relation to a breach of planning control, namely, allowing the condition of land to adversely affect the visual and residential amenity of the area, by way of further investigation into the enduring power of attorney, the  serving of  Notices under Sections 330 and 215 of the 1990 Act and the instigation of prosecution proceedings if necessary, in the event of any failure to comply with the requirements of those Notices.