Decision details

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:

To determine whether or not to take and/or to cease action whether because in his/her opinion the breach is trivial, there is insufficient demonstrable harm and/or, it is not expedient to take / continue to take action

This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place.

This is a minor domestic breach of Permitted Development. The contravener has erected a shed 3.5 – 4m within 2m of a boundary fence in a rear garden. If the shed had been 2m inside their garden, it will have been Permitted Development. The harm score index is a 3, which means low harm to local amenity. In line with local policy, this is not expedient to pursue.

Taking formal Enforcement Action – Volume of enforcement queries is currently high and officers must prioritise significant planning harm cases. Due to this matter being of low significance planning harm, it is not expedient to pursue, and Government guidance suggests that LPA’s should act in a proportionate way and take enforcement action in the public interest. That is not considered to be the case here though the contravener will be contacted and advised this may affect their ability to sell the property in the future.

N/A