URGENT BUSINESS (2)

 

 

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE B

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

 

Officer:   Mr L Harper           Tel: (01983) 823569

 

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

 

  1. To serve an Enforcement Notice requiring the cessation of the unauthorised use the removal of the carpets and the revision of the garage to domestic use.  Time for compliance one (1) month.

 

  1. To monitor  the situation and if further breaches occur seek authorisation for the service of an Enforcement Notice.

 

  1. To invite a planning application to remedy the breach without prejudice to the final decision.

 

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.

                       

 

 

ANDREW ASHCROFT

Head of Planning Services