|
(a) |
P/00658/04
- TCP/21195/E |
Continued presence of satellite dish, Stratford House, St
Thomas’ Street, Ryde |
|
|
Planning
Officer: M Buckett |
Tel: (01983)
823552 |
Summary
To consider how the local planning authority should respond
to the continued presence of an unauthorised satellite dish at the above
address and whether the situation justifies the service of an Enforcement
Notice requiring its removal.
Background
In February 2004 the Local Planning Authority received a
complaint questioning if a satellite dish positioned on the roof of Stratford
House required the benefit of consent. Stratford House is located on the north
side of St Thomas’ Street backing onto Ryde West Sands and is located within
the Ryde Conservation Area. Stratford House is a three storey building plus
basement level divided into eight flats. Following an investigation it was
found to be unauthorised and to remedy the breach of planning an application
was submitted during June 2004.
Planning permission for the retention of the satellite dish
on the roof of Stratford house, St Thomas Street, Ryde was refused on the 13
August 2004. The reasons for refusal where:
(1)
The
retention of the satellite dish is deemed to be in an incongruous feature and
is within a designated Conservation Area failing to enhance or preserve the
current amenity value and accordingly it is contrary to S10 (If it will
conserve or enhance the features of special character of these areas) and Policy
B6 (Protection and enhancement of conservation areas) of the Isle of Wight
Unitary Development Plan.
(2)
The
application was accompanied by insufficient information to demonstrate whether
there is any practical alternative location for the installation and the Local
Planning Authority is not satisfied that the site chosen and design of the
installation are visually and technically the least harmful that can be
achieved and, in accordance, the proposal is contrary to Policy U17
(Telecommunications Facilities) of the Isle of Wight Unitary Development Plan.
Following this decision the owner was advised on the 17
August 2004 that the continued retention of the satellite dish was a breach of
planning control and could be subject of enforcement action to remedy the
breach. No progress was made and the matter was reported back to the 14
September 2004 Planning Committee meeting. In a report to Members officers
sought authorisation to serve an enforcement notice requiring the removal of
the dish. However Members resolved not to agree to this course of action but
instructed officers to invite a re-submission of the planning application and
to discuss the possible re-siting of the dish to a less obtrusive position on
the roof slope.
A protracted series of correspondence has followed with the
owner and his agent. On the 27 May 2005 the Local Planning Authority received a
copy of a letter from the agent and a copy of a letter from G J Aerials. The
agent stated that the existing location of the satellite dish was the only
position on the roof space where this dish may receive the required signal.
However, the suppliers letter does indicate that the other place the dish may
be placed on the building, to receive the appropriate signal, is on the front
elevation on possibly the side.
As the decision to negotiate and not to take enforcement
action was made by the Planning Committee it is considered appropriate to seek
further instruction on the next step.
The following Unitary
Development Plan policies apply:
Strategic Policies
S10 – In areas of designated or defined scientific, nature
conservation, archaeological, historical landscape values, development will be
permitted only if it will conserve or enhance the features of special character
of these areas.
Detailed Policies
B6 – Protection and enhancement of conservation areas.
U17 – Telecommunications facilities.
Financial Implications
None
Options
1.
To
serve an Enforcement Notice requiring the removal of the satellite dish with a
time period for compliance being one month.
2.
Take
no further action against the breach and advise all interested parties
accordingly.
Conclusion
Planning permission has been refused for the retention of
the satellite dish on the roof of Stratford House, which is within the
conservation area of Ryde. The Planning Committee decided not to take
enforcement action and requested Officers secure the submission of an
application for the retention of the dish in a less obtrusive position.
Professional advice has been sought and it has been established that it may be
possible to reposition the aerial but the matter is not making any progress and
negotiations appear to have stalled. As the decision not to enforce was made by
the Planning Committee, it is considered appropriate that the matter returns to
Members for a final decision to be taken on whether or not to take enforcement
action.
There does seem to be a possible alternative but in the
absence of willingness by the owner to progress this I see no option but to
maintain the original recommendation. Obviously, if the dish where removed it
would affect the enjoyment of watching more channels on TV. However this has to
be balanced against the impact on the conservation area. Overall I consider
that the wider public interest should be hold sway and recommend accordingly.
If however Members do not support this view they should adopt option 2 which
would be to take no further action upon this matter and advise all parties
accordingly.
Human Rights
In coming to this recommendation, consideration has been
given to the rights set out in Article 8 (Right to Privacy) and Article 1 of
the first protocol (Rights to peaceful enjoyment of possessions) of the
European Convention on Human Rights. The impact of the continued unauthorised
use within the immediate locality has been carefully considered. The actions
recommend as proportionate to the legitimate aims of the Council to remedy the
breach of planning control and is made in the public interest.
Recommendation
To serve an Enforcement Notice requiring the removal of the
unauthorised satellite dish.
Time Period for compliance – one month.
ANDREW ASHCROFT
Head of Planning
Services