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.

Decision: To take no further action.

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.

The purpose of this report is to provide an assessment of the facts in this case and to report on the expediency to take enforcement action to remedy the identified breach of planning control, which in this case relates to a premises formerly known as The Galley Bistro. This is now called ‘Sticks and Bones’ and is now principally a pub/restaurant, and so would fall within the same Commercial Business class E(b). 

The premises is located within Hope Square, Weymouth with the rear of the property being in St. Leonards Road/Trinity Street. The whole of the area is within the Weymouth Conservation Area, which was designated in December 2012 after the adoption of the Weymouth Town Centre Conservation Area Character Appraisal. The document supports conservation area policies in the Weymouth & Portland Local Plan (Adopted 2005).

The allegation suggested that a newly installed air conditioning unit was breaching planning control. This had apparently been installed at the rear of the newly refurbished property.

Upon contact with the complainant it was also suggested that a previous complaint regarding an established extractor unit had not been addressed.

A site visit identified that the unit in question was not an air-con extractor but a cooling unit for the newly installed cellar at the premises. It had been located on a rear first floor balcony. Apparently the complainant had already made his feelings clear to the owners, who had installed around the unit a wooden box to diminish the noise. (When the site was visited, the unit was not working, although the complainant suggested this took place 24/7).

Images were taken of the installed unit which identified that it was sympathetically located out of public view, being able to be seen only by persons who reside in Trinity Street, and only then should they look out of their rear first floor windows towards the unit. It was suggested by the site manager that another proposed location would have been on the outside wall of the property, directly opposite the old brewery, and exposed to public view.

The second extractor identified by the complainant was investigated by another officer in 2016. WP/ENF/16/00170. It was concluded then that this unit had been in place for a number of years as part of the kitchen extractor system. Google images that are available from 2009 suggest this was already in place, although the chimney unit has had a number of different shapes. Nevertheless, this has been in place for over 4 years and so immune from enforcement.

Due to the fact that the new unit was constructed within the conservation area, a conservation officer was updated. Her conclusions are below:-

Following discussions with PB and upon consideration of the description of works and accompanying photographs, I have the following comments. 

The former Gallery Bistro, Hope Square is not Listed however there are various Listed buildings within close proximity including Brewer Quay.  The property is within the Weymouth Town Centre Conservation Area.

The extractor fan is to the rear of the building and not visible from the street scene.  It appears from the photographs that the fan is in a discrete location, neutral in colour and covered.  It is therefore concluded that the fan is not considered to have detrimental impact on the host building nor the Conservation Area.

The renovation works to the front façade include a mural motif at high level.  There are several examples of this type of advertising around the Harbour and again this is not considered to have a detrimental impact on the host building nor the Conservation Area.

The Town and Country Planning Act 1990 (Section 172) provides for the taking of enforcement action where there has been a breach of planning control and where it is expedient to do so, having had regard to the provisions of the development plan and any other material considerations.  The key issue for consideration is therefore whether expediency exists to pursue enforcement action for the reported breach of planning control which will be examined below.

The impact of the development at the venue is of little or no significant upon the Weymouth Conservation area. It’s discrete location and size suggests the owners have identified the need to preserve the conservation areas requirements. Although it is accepted that the unit may generate some noise when operating, this would not be a matter for consideration within planning.

Although this unit would be considered as development, there is little or no impact upon the Conservation Area of Weymouth, so that the harm caused is de minimus.

It is concluded that it would not be expedient to take enforcement action in this matter.

The alternative option would be to pursue formal enforcement action. However, due to this matter being of low planning harm, it is not expedient to pursue formal action. This is in line with Government guidance which suggests that Local Planning Authorities should act proportionately in responding to suspected breaches of planning control.