Wolverhampton City Council decision item Agenda Item No. 13 2000 / 2001 PLANNING COMMITTEE 1 8 0 5 2 0 0 1
REGENERATION AND Open/Exempt Originating Department(s) Paragraph TRANSPORTATION
STEVE DONNABY 5606 Contact Officer(s)/ Telephone Number(s)
50 LICHFIELD STREET, Title/Subject Matter WOLVERHAMPTON
Decision/Recommendation
That authority be given for the following actions:-
(i) Service of a Listed Building Enforcement Notice under the Planning (Listed Buildings and Conservation Areas) Act 1990 to require removal of fire escape at the rear (within three months), cladding of unauthorised metal chimney at rear (within six months) and removal of unauthorised new sign on front elevation (within one month).
(ii) Service of an Enforcement Notice under Section 172 of the Town and Country Planning Act, 1990 requiring cladding of external flue in accordance with details first approved by the Local Planning Authority within six months, in view of non-compliance with Condition Number 5 on planning permission 00/0028/FP.
(iii) Prosecution for non-compliance with any confirmed Notice and prosecution for unauthorised works to a Listed Building (the flue and sign mentioned in (i) above).
Date of Meeting Decision
Additional Notes/ Document Reference
4-IL244SD.Reports 1 1. Purpose of Report
1.1 To consider enforcement action and prosecution in respect of unauthorised work and non-compliance with conditions relating to 50 Lichfield Street, Wolverhampton, a Grade II Listed Building.
2. Report Details
2.1 Number 50 Lichfield Street is a Grade II Listed Building and is within the Town Centre Conservation Area. The property is now known as “Gringo’s” and is a restaurant with flats above. A planning application (reference 00/0028/FP) for change of use from offices to ground floor restaurant with three flats above arranged on the first, second and third floors was approved on 8 May 2000, following delegation by Committee. A Listed Building application (00/0195/LB) for internal and external alterations associated with the change of use was also approved on 8 May 2000, subject to significant conditions (see below).
2.2 Although the change of use has been implemented and other works carried out, Mr Kullar, of 42 Goodway Road, Solihull, who is believed to be the occupier and owner, has not complied with Condition 3 of Listed Building consent 00/0195/LB. This requires that, within six months from the date of the consent, the external fire escape on the rear elevation shall be removed, and within 14 days of the removal of the fire escape, details of remedial works shall be submitted to the Local Planning Authority for approval. (An appeal was lodged against the condition, but this was dismissed by a Planning Inspector on 27 February 2001.) So far the fire escape has still not been removed.
2.3 Condition 5 of the planning permission 00/0028/FP required that, prior to the A3 use opening for business, the kitchen extraction and ventilation system shall be fully installed and operational and the chimney on the rear elevation shall be fully constructed , but that construction of the chimney shall not commence until details of bricks, slips and cowls to be used have been submitted to and approved in writing by the Local Planning Authority. A metal chimney has been located in the wrong place, not in accordance with the approved plans for the rear elevation. No details have been submitted of the construction including bricks, slips and cowls. The chimney has therefore been installed in breach of that condition, and the work is also unauthorised work to a Listed Building. Suitable cladding of the chimney would rectify the situation.
2.4 At the time of occupation, the owner installed a new fascia sign on the frontage of the restaurant in a lower position than the previous sign. This is an unauthorised alteration to a Listed Building. (Your Committee, on 5 September 2000, had given Listed Building consent (00/0823/LB) for a new fascia sign in a higher position, but this has not been implemented).
2.5 Mr Kullar has been asked twice in writing to rectify the situation, and warned of enforcement action and prosecution. Other than the unsuccessful appeal he has taken no action.
4-IL244SD.Reports 2 3. Reason for Action
3.1 Condition 3 of Listed Building Consent 00/0195/LB (requiring removal of fire escape) was to compensate for unauthorised harmful works to the ground floor. The unauthorised works to the Listed Building, in particular the lack of cladding to the chimney flue on the roof rear elevation and the incorrect position of the non- illuminated sign on the front of No 50 Lichfield Street, are considered detrimental to the character of the Listed Building and to visual amenity in the Town Centre Conservation Area.
4. Financial Implications
4.1 There are no immediate implications for the Council, but any enforcement may lead to further appeals and costs of legal representation and court action.
5. Environmental Implications
5.1 The report concerns unauthorised works to a Listed Building in the Town Centre Conservation Area.
6. Equal Opportunities
6.1 The report has no implications for the Council’s equal opportunities policy.
Costas Georghiou, Chief Planning Officer Chris May, Head of Development Control
Case Officer: Steve Donnaby File Reference: 00/0195/LB Telephone No: 555606
4-IL244SD.Reports 3