Decision details

The action taken is under powers delegated to the Head of Planning as to the issue of Notices under the Town and Country Planning Act 1990.
These properties are not built to the design approved under Condition 1 of the reserved matters consent 17/01254/DETAIL as the approved plans and drawings have not been followed.

Issue two planning enforcement notices under the Town And Country Planning Act 1990. Notice 1 relates to operational development and Notice 2 is an Enforcement Notice (Breach of Condition) as to the breach of condition 1 of reserved matters approval 17/01254/DETAIL.

It has been considered whether the Council should take no further formal action and await the outcome of any further planning applications or appeals but the present invalid application is unlikely to reach decision making stage until February 2019 and any appeal against the refusal of reserved matters 18/01281/DETAIL could take longer to resolve. No appeal is yet known to have been lodged.
A Temporary Stop Notice under the 1990 Act has also been considered. As yet the 5 houses are not occupied but construction is structurally complete with only fitting out to finish probably in late stages. Within the 28 days of any stop action under such a Notice there is insufficient time to process any new reserved matters application or modify the houses.
Both these options although considered were rejected as one again it is desired to protect potential purchasers from acquiring houses facing potential demolition at great cost to themselves and with the potential of legal action against the developer and or professional advisors resulting. Here the Council considers that it needs to protect potential purchasers as well as ensuring that the public has faith in a system that takes action against unlawful development- here the construction of 5 unlawful houses without planning permission.