Decision Maker: Executive Director, Place
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
This decision is taken under delegated powers set out in Paragraph 145 of the Officer Scheme of Delegation in the Council’s constitution, which grants delegated authority to undertake all action in order to regulate any actual, perceived or potential breach of any of the Town and Country Planning Legislation including:
(d) to determine whether or not to amend and/or withdraw any notice;
This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place
Following several years of neglect, a section 215 notice was
served on Brewers Quay on 1st April 2021, which took effect on 1st May 2021. The condition
of the building was poor, and it was considered that it was adversely affecting
the amenity of the area.
The notice included requirements to clear vegetation and repair or replace damaged guttering, tiles and other loose fixings. Additional requirements included repainting timber and stonework. The requirements were detailed (31 different elements) and the time for compliance was 1stt May 2022.
During the last year, the site has been purchased by a new owner who has worked with Council planning and conservation officers. During April, a considerable amount of work was undertaken including removing large amounts of vegetation from the building; clearing the site; removing bird infestations; replacing gutters and making the building watertight.
The remaining works will be undertaken as part of the redevelopment of the site. An outline schedule has been agreed for these works.
It is therefore concluded that a satisfactory solution has been negotiated on the site and the most immediate works have been completed.
Recommendation: that the section 215 notice is withdrawn
A prosecution was considered as an alternative option, but it was agreed that this was not justified or in the public interest.
Extending the period of notice was considered. However, any prosecutions would initially be sent to addressees of the original notice, who no longer own the site. It was concluded that, as a significant amount of work has been undertaken, that the most appropriate way forward is to withdraw the section 215. If the remaining works are not undertaken in a reasonable timescale as part of the development, the Council can serve a further section 215 notice on the new owner.
Publication date: 22/05/2022
Date of decision: 11/05/2022