Decision details

EN/2021/00164- 4 Franchise Street Weymouth Dorset DT4 8JR

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:



(f) 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.


Reasons for the decision:

Technical breach of Planning Control whereby decking up to 65cm high has been erected against the neighbouring wall. There is not considered to be any significant planning harm arising and the impact on neighbouring amenity is negligible.


Alternative options considered:

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.


Interests and Nature of Interests Declared:


Publication date: 23/06/2022

Date of decision: 06/06/2022