Decision details

To extend the period of compliance for Enforcement Notice (ENF/18/0246) until 28^th Feb 2022. A request has been made by the contravener that explains that while they are in the throes of moving there have been problems and delays signing the lease on their new property. However, they have now signed a lease, engaged engineers to build a mezzanine floor and lined up movers. They confirm that the mezzanine contractors are not able to start work until 10th January 2022. The work will take them until 31/01/22 to complete and they will then need another four weeks to fit out the workshop with electricity, heating, compressed air, etc. and to physically move. It means that an expected move will take until the end of February 2022 before they are finally out of their current premises.

The original period of compliance was 18 months (ending 13th May 2021) and an extended 5 month period was approved on 13^th Sept 2020 under delegated powers with the period of compliance ending 13^th October 2021. A further month was approved under delegated powers to 13^th November 2021. With this further period requested the new extended period of compliance would be ending 28^th Feb 2022.

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.

To allow a further period of time for compliance, in light of the request that the contravener needs additional time to finalize alternative premises.

Possible prosecution action for non-compliance with the enforcement notice but it would not be in the public interest in pursuing such a case given the likely costs and timescales involved given the revised dates for compliance when the unauthorised development would cease.

Not applicable as no members consulted.