Agenda item

ENFORCEMENT AND POSSIBLE UNAUTHORISED DEVELOPMENT

To consider the Head of Planning’s Report No. PLN1548 (copy attached) which seeks authority to enter into a S.106 Planning Agreement.

Minutes:

(1)        No. 177 Ash Road, Aldershot

 

The Committee received the Head of Planning’s Report No. PLN1546 regarding the unauthorised change of use of commercial space into residential accommodation at No. 177 Ash Road, Aldershot.

 

It was reported that No. 177 Ash Road was a long-established hot food takeaway (Star Kebabs) located in the middle of the ground floor of the building. To the east side of this was a sub-divided area of the building with lawful planning use as a separate hot food takeaway shop on the ground floor and with storage space above. No. 177a Ash Road was located to the west side of Star Kebabs and was also understood to be in the same ownership and was currently in use as a hairdressers. There was also a self-contained residential one-bedroom flat located on the first floor of the building, No. 177c. It was highlighted that there was limited on-site parking due to its position alongside the traffic-light junction of Ash Road, Lower Newport Road and Lower Farnham Road.

 

Following complaints, an inspection had revealed that parts of the eastern takeaway premises were being occupied residentially, in the form of a pair of studio units on the ground floor and with a further flat in the ancillary storage space on the first floor. The owner had submitted a planning application in June, 2015 which had been declared invalid due to material inaccuracies in the plans. Although the applicant’s agent had advised that work was afoot to prepare corrected plans, this work had not, to date, been completed and no corrected plans had been submitted to the Council.

 

The Committee was informed that the conversion of these premises would be considered acceptable in principle. However, such conversions would only be granted planning permission, subject to conditions to secure and retain various provisions in the interests of the amenities of the area, the amenities of neighbours, highway safety etc. In this case this would involve the provision, allocation and retention of parking spaces, and provision and retention of bin storage. This had not been possible in the configuration of this site and the unauthorised development in question because there had been no means to impose the requisite conditions to render the proposals acceptable in planning terms.

 

In addition, none of the usual Section 106 financial contributions had been secured, most notably the contribution for special protection area mitigation and avoidance. This was considered fundamentally unacceptable and in conflict with the Habitats Regulations, Government Planning Policy and Guidance and adopted Development Plan Policy. It was also considered that there would have been a requirement for a public open space contribution in this case. These matters were therefore considered to be grounds for serving an Enforcement Notice.

 

RESOLVED: That an Enforcement Notice be served requiring the cessation of the unauthorised material change of use of the land for residential use with a period of six months for compliance for the following reasons:

 

(i)             the unauthorised development intensifies the use of the property and is provided with inadequate and unsatisfactory on-site parking to meet its functional needs in the vicinity of limited on-street parking opportunities; the proposed residential development would thereby be likely to attract indiscriminate, dangerous and obstructive parking in the streets nearby, to the detriment of the safety and convenience of highway users and would thereby be unacceptable, contrary to the National Planning Policy Framework and adopted Rushmoor Core Strategy Policies CP2 and CP16;

 

(ii)        the unauthorised development is provided with inadequate facilities for the on-site storage of refuse to the detriment of the visual amenities of the area and the living environment of occupiers contrary to adopted Rushmoor Core Strategy Policy CP2;

 

(iii)       the proposal fails to make provision for an appropriate Special Protection Area Mitigation and Avoidance contribution towards the Hawley Meadows suitable accessible natural green space, or strategic access management measures in order to address the impact of the proposed development upon the nature conservation interest and objectives of the Thames Basin Heaths Special Protection Area; the proposal is thereby contrary to the requirements of Policies CP13 and CP15 of the Rushmoor Core Strategy adopted in October, 2011; and

(iv)      

the proposals do not make provision for public open space in accordance with the requirements of Policies CP11 and CP12 of the Rushmoor Core Strategy adopted October, 2011, saved Local Plan Policies OR4 and Or4.1 and the Council’s continuing Interim Advice Note (dated August, 2000 and updated July, 2006) “Financial Contributions towards Provision of Open Space in Association with New Housing Development”.

 

(2)        No. 19 Whittle Crescent, Farnborough

 

The Committee received the Head of Planning’s Report No. PLN1546 regarding the erection of a single storey rear extension at No. 19 Whittle Crescent, Farnborough. - 34 -

 

It was reported that it had come to the Council’s attention that a single storey rear extension had been built measuring 3.7 metres from the original rear wall of the home. The extension would have required planning permission as it was 700 mm greater than the permitted development tolerance for this type of property, as set out in Schedule 2, Part 1, Class A of the general Permitted Development Order, 2015. The owner’s response to contact had been that they were not in a position to submit a formal planning application.

 

On considering the matter, it was felt that the extension did not cause any significant material harm to the visual character of the area, to the amenities of the neighbours or to highway safety. Had a planning application been submitted, it would have received a recommendation that permission be granted. Therefore, in accordance with Policies CP2 and CP16 of the Core Strategy and saved Policy ENV17 and H15 of the Rushmoor Local Plan, it was considered neither expedient or reasonable for the Council to take enforcement action in respect of the breach of planning control in this case.

 

RESOLVED: That no further action be taken.