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 

A report was received regarding unauthorised works carried out on a section of adopted highway at Old Market Rd. The matter has been reviewed and referred to the relevant authority. 

The works have been undertaken on a publicly adopted highway, which is managed and maintained by the Highway Authority. Such works may constitute interference with public infrastructure and are subject to separate legal and operational processes. The issue was referred to the Highway Authority for assessment. While no formal response has been received, it is understood that the road is currently being surveyed as part of a planned resurfacing programme. It is anticipated that any necessary action relating to the works will be considered as part of that process. In the absence of a response from the Highway Authority and given the likelihood that the matter will be addressed through their ongoing works programme, it is not considered proportionate or expedient to pursue further action at this time. 

The case will be closed on the basis that the matter has been referred to the appropriate authority and is expected to be addressed through their operational procedures.

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. 

None