Breaches of Control: Without planning permission, the erection of a first floor side extension.

Resolved: -

That ENFORCEMENT ACTION be AUTHORISED to;

a)    Remove the unauthorised first floor side extension, and.

b)    Remove from site all materials resulting from compliance with a) above

c)    Reinstate the single storey side extension to its former condition., or

d)    erect an extension in full accordance with either planning permission reference 18/02119/FULH or as amended by planning permission reference no. 19/00516/AMDT.

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Act and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.

When serving an Enforcement Notice the local planning authority must ensure a reasonable time for compliance. In this case a compliance period of 4 months is considered reasonable for the removal of the 1^st floor side extension or its amendment to comply with the planning permissions specified at 7.1 d).

Taking enforcement action in this case may amount to an interference with the owners’ and/or occupiers’ Human Rights. However, it is necessary for the local planning authority to balance the rights of the owners and/or occupiers against its legitimate aims to regulate and control land within its area. In this particular case it is considered reasonable, expedient, and proportionate and in the public interest to pursue enforcement action on the grounds set out in the formal recommendation.