Report of the Strategic Director of Place to the Meeting of The
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Report of the Strategic Director of Place to the meeting of the Regulatory and Appeals Committee to be held on 19 November 2020 AU Summary Statement Miscellaneous Items No. of Items Requests for Enforcement/Prosecution Action (26) Decisions made by the Secretary of State - Dismissed (11) Julian Jackson Portfolio: Assistant Director (Planning, Transportation and Regeneration, Planning & Highways) Transport Report Contact: Mohammed Yousuf Overview & Scrutiny Committee Phone: 01274 434605 Area: Regeneration and Environment Email: [email protected] Report to the Regulatory and Appeals Committee 19/00134/ENFUNA 1 Pinnacle Court Sandy Lane Bradford BD15 9LS Report to the Regulatory and Appeals Committee 19 November 2020 Item Number: 1 Ward: Thornton And Allerton (ward 23) Recommendation: THAT THE REPORT BE NOTED Enforcement Reference: 19/00134/ENFUNA Site Location: 1 Pinnacle Court, Sandy Lane, Bradford, West Yorkshire, BD15 9LS Breach of Planning Control: Without planning permission, the construction of a boundary fence to the rear and side of the property. Circumstances: Following a complaint received in this office in February 2019, a site visit revealed the above breach of planning control. Despite a request from the Local Planning Authority, the owner of the land has taken no action to rectify the matter. It is considered expedient to issue an Enforcement Notice because the high solid fence constructed in a prominent location on a major traffic route results in a strident feature within the street scene that is harmful to visual quality of the area due to its scale and design. Additionally, the boundary fence by reason of its excessive height, impedes on visibility for vehicles using the adjacent access track. When exiting the access this movement poses an unacceptable risk to pedestrians using the public right of way running adjacent to the site and vehicles using the adjoining highway. The Planning Manager (Enforcement and Trees) authorised enforcement action on the 13 August 2020 requiring the removal of the fence or its reduction in height. Report to the Regulatory and Appeals Committee 19/00752/ENFUNA 11 Oak Lane Bradford BD9 4PU Report to the Regulatory and Appeals Committee 19 November 2020 Item Number: 2 Ward: Manningham (ward 19) Recommendation: THAT THE REPORT BE NOTED Enforcement Reference: 19/00752/ENFUNA Site Location: 11 Oak Lane, Bradford, West Yorkshire, BD9 4PU Breach of Planning Control: Unauthorised shop front, timber cladding and externally mounted roller shutter. Circumstances: In September 2019 the Council received an enquiry regarding alterations to the shop property, which stands within a designated Conservation Area. An inspection showed that a replacement shop front, timber cladding and an externally mounted roller shutter had been installed to the front elevation of the property, for which the Council had no record of planning permission having been granted. The owner/occupier of the property has been requested to rectify the breach of planning control, however no action has been taken. On 21 January 2020 the Planning Manager (Enforcement & Trees) authorised the issue of Enforcement Notices. It is considered expedient to instigate Enforcement (Legal) Action the unauthorised shop front, timber cladding and externally mounted roller shutter are detrimental to visual amenity by virtue of their design and appearance, contrary to Policies EN3, DS1, DS3 and SC9 of the Council's adopted Core Strategy Development Plan Document, the Council's adopted Shopfront Design Guide, the Council's adopted A Shopkeepers Guide to Securing Their Premises Supplementary Planning Document and the principles of the National Planning Policy Framework. Report to the Regulatory and Appeals Committee 19/00533/ENFAPP 153 Bradford Road Riddlesden Keighley BD20 5JH Report to the Regulatory and Appeals Committee 19 November 2020 Item Number: 3 Ward: Keighley East (ward 16) Recommendation: THAT THE REPORT BE NOTED Enforcement Reference: 19/00533/ENFAPP Site Location: 153 Bradford Road Riddlesden Keighley BD20 5JH Breach of Planning Control: The construction without planning permission of a dormer window to the front elevation of the property. Circumstances: The Local Planning Authority was made aware of works to construct a dormer window at the dwelling which was found not to be in accordance with a previous grant of planning permission ref: 17/00349/HOU by virtue of its size and white coloured cladding materials. Despite correspondence sent to the owner the unauthorised dormer window remains in suit and unaltered to the detriment of public amenity. The Planning Manager (Enforcement and Trees) authorised the issuing of an Enforcement Notice under delegated powers on 10 March 2020. Report to the Regulatory and Appeals Committee 18/00402/ENFUNA 18 Spring Row Harden Bingley BD16 1JS Report to the Regulatory and Appeals Committee 19 November 2020 Item Number: 4 Ward: Bingley Rural (ward 03) Recommendation: THAT THE REPORT BE NOTED Enforcement Reference: 18/00402/ENFUNA Site Location: 18 Spring Row, Harden, Bingley, West Yorkshire, BD16 1JS Breach of Planning Control: Without planning permission an engineering operation involving the construction of a retaining wall and levelling rear garden. Circumstances: Following a complaint received in this office, a site visit revealed the above breach of planning control. Despite attempts by the owner to regularise the retaining wall the matter remains unresolved. It is considered expedient to issue an Enforcement Notice as the retaining wall by reason of its height and position directly in front of and within close proximity to the kitchen window of No 33 Lane End results in adverse overbearing, loss of outlook and overlooking to the detriment of residential amenity. The Planning Manager (Enforcement and Trees) authorised enforcement action on 8 March 2020 requiring the owners of the property to remove any imported waste materials from the land and reinstate former land levels, demolish the retaining wall and remove all resultant materials from the land and make good any damage caused to the land. Report to the Regulatory and Appeals Committee 19/01196/ENFUNA 2 Pinnacle Court Sandy Lane Bradford BD15 9LS Report to the Regulatory and Appeals Committee 19 November 2020 Item Number: 5 Ward: Thornton And Allerton (ward 23) Recommendation: THAT THE REPORT BE NOTED Enforcement Reference: 19/01196/ENFUNA Site Location: 2 Pinnacle Court, Sandy Lane, Bradford, West Yorkshire, BD15 9LS Breach of Planning Control: Without planning permission, the construction of a boundary fence to the rear and side of the property. Circumstances: Following a complaint received in this office in February 2019, a site visit revealed the above breach of planning control. Despite a request from the Local Planning Authority, the owner of the land has taken no action to rectify the matter. It is considered expedient to issue an Enforcement Notice because the high solid fence erected in a prominent location on a major traffic route results in a strident feature within the street scene that is harmful to visual quality of the area due to its scale and design. Additionally, the boundary fence by reason of its excessive height, impedes on visibility for vehicles using the adjacent access track. When exiting the access this movement poses an unacceptable risk to pedestrians using the public right of way running adjacent to the site and vehicles using the adjoining highway. The Planning Manager (Enforcement and Trees) authorised enforcement action on 13 August 2020 requiring the removal of the fence or its reduction in height. Report to the Regulatory and Appeals Committee 18/00566/ENFUNA 214 Haworth Road Bradford BD9 6NJ Report to the Regulatory and Appeals Committee 19 November 2020 Item Number: 6 Ward: Heaton (ward 12) Recommendation: THAT THE REPORT BE NOTED Enforcement Reference: 18/00566/ENFUNA Site Location: 214 Haworth Road Bradford BD9 6NJ Breach of Planning Control: Without planning permission the creation of a new vehicular access onto Haworth Road. Circumstances: Following a complaint received in this office in July 2018, a site visit revealed the above breach of planning control. On 24 May 2019 a planning application was submitted to the Local Planning Authority that sort to regularise the access and gate. On 19 July 2019 planning permission was refused. The matter remains unresolved. It is considered expedient to issue an Enforcement Notice because the property lacks adequate turning facilities within the site and results in vehicle manoeuvring on the pavement to the front of the dwelling to the detriment of pedestrian safety. Pedestrian safety is further compromised by the excessive height of the entrance gate that restricts visibility when entering and exiting the property. The Planning Manager (Enforcement and Trees) authorised enforcement action on the 18 March 2020 requiring the owners of the property to remove the gate and reinstate the wall and pedestrian access to its previous appearance. Report to the Regulatory and Appeals Committee 18/00703/ENFUNA 22 Grasleigh Avenue Bradford BD15 9AR Report to the Regulatory and Appeals Committee 19 November 2020 Item Number: 7 Ward: Thornton And Allerton (ward 23) Recommendation: THAT THE REPORT BE NOTED Enforcement Reference: 18/00703/ENFUNA Site Location: 22 Grasleigh Avenue, Bradford, West Yorkshire, BD15 9AR Breach of Planning Control: Without planning permission, construction of a boundary wall, railings and gates to the front of the property. Circumstances: