TUESDAY 20 MAY 2003
REPORT OF THE STRATEGIC DIRECTOR OF
ENVIRONMENT SERVICES
E/6387/M Unauthorised
use of a domestic garage in connection with the running of a carpet business at
10 Oakhills, Shanklin
Summary
To consider whether the
circumstances justify the service of an Enforcement Notice.
Background
At the Development Control
Committee Meeting of 29 April 2003 Members noted the information in the Part 1V
Report and adopted the following recommendation that in light of the actions
undertaken, the breach of planning control no longer exists and the Local
Planning Authority proposes to take no further action. The property owner was subsequently advised
and that the situation will be monitored to ensure business use does not
recommence.
On 14 May 2003, the
Complainant reported to the Enforcement Section that a container lorry had
delivered carpets to the garage at 10 Oakhills. An Enforcement Officer visited the site several hours later. The Owner admitted the continued delivery
and storage of the carpets and stated that the carpets would be removed within
a few days and that no further deliveries would be made. The Enforcement Officer informed the Owner
that they were in breach of planning control and could be subject to
enforcement proceedings.
The relevant Unitary
Development Plan policies apply:
Strategic Policies
S 14 - New retail development
will be expected to locate within existing town centres
General Location of
Development
D1 - Standard of Design
G10 - Potential Conflict
between proposed Development and Existing Surrounding Uses
R2 - New Retail Development
TR7 - Highway Considerations
for New Development
Financial Implications
None
Options
Conclusion
The material factors that are
given consideration in this matter relate specifically to the continual use of
a domestic garage in connection with the running of a carpet business despite
the owners’ previous undertaking to cease the use. The owners have stated that they would cease further deliveries
and storage of carpets in the garage. I
am of the opinion that until the property which is currently for sale is
disposed then the business use would continue.
The weight of available information would suggest that the breach of
planning control could not easily be overcome by the imposition of planning
conditions to ameliorate the concerns of the Local Planning Authority. I am therefore of the opinion that the Local
Planning Authority would be justified in serving an Enforcement Notice to
remedy the breach of planning control.
Human Rights
In coming to the
recommendations to pursue enforcement action if the use does not cease within
the stipulated time frame, considerations have 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 unauthorised
use on the immediate area has been carefully considered. The action recommended is proportionate to
the legitimate aims of the Council as expressed through the Unitary Development
Plan and in the public interest.
Recommendation
To serve an Enforcement Notice requiring the cessation of the
unauthorised use the removal of the carpets and the reversion of the garage to domestic use.
Time for compliance one (1) month.