The owners have been advised to take action to remedy the breach of planning control but, despite objection, listed planning permission has not been sought in respect of the canopy, which remains unauthorised. The Planning Manager (Enforcement and Trees) approved the issue of a Listed Building Enforcement Notice in respect of the canopy under delegated powers, on 30 May 2022. Failure to comply with the requirement of condition 3 of planning permission 11/00135/HOU in respect of living in a "grandmother's apartment" adjacent to and adjacent to the existing home.
The Local Planning Agency was made aware of the move-in of a 'grandmother's apartment' as an independent and self-contained dwelling in violation of the requirement in condition 3 of A site visit confirmed that the property was occupied in breach of the requirements of condition 3 and the owners were challenged in writing. Following the receipt of an enquiry, an inspection in November 2020 revealed that a timber storefront and canopy has been erected in front of the property.
Letters have been sent to property owners/occupiers, requesting action to remedy the breach of planning control. Following an investigation, an inspection in September 2021 showed that front and rear dormer windows had been built into the property for which planning permission was sought. Without planning permission, the construction of a wooden boundary fence to the south of the dwelling on the land (the breach has already been resolved).
It was deemed appropriate to take enforcement action (legally) because the unauthorized boundary fencing represents a prominent feature that is at odds with the immediate environment and causes significant damage to the visual experience of the street scene, the landscape and the local environment, in contrast to Policies DS1, DS3 and EN4 of the Council-adopted Core Strategy Development Plan Document and the principles of the National Planning Policy Framework.
21/00322/ENFUNA
27 Edensor Road Keighley
Without planning permission, the construction of a single storey extension to the rear of the dwelling on the land. In April 2021 the council received an inquiry regarding an alleged unauthorized single storey rear extension at the above property. An inspection in September 2021 showed that a single storey rear extension had been built to the property requiring planning permission.
The unauthorized extension is still in place and the planning control breach remains unresolved. It is considered appropriate to initiate enforcement (legal) action as the unauthorized single storey rear represents a visually incongruous and prominent feature due to the use of poor non-matching materials and a generally poor design and appearance. The Council's adopted Core Strategy Development Plan Document and the Principles for the National Planning Policy Framework.
21/00087/ENFUNA
36 Westgate Shipley
Without planning permission, the installation of an externally mounted roller shutter and shutter box on the front elevation of the building on the ground. In February 2021, the council received an inquiry regarding a suspected unauthorized shutter fitted outside to the above property. An inspection in July 2021 showed that an unauthorized externally mounted roller shutter had been installed in the shop front at the property.
The council had no record of any consent being issued for an external fitted shutter. On 1 June 2022 the Head of Planning (Enforcement and Trees) authorized the issue of an enforcement notice. It is considered expedient to initiate enforcement (legal) action as the unpermitted external blind and blind box has a detrimental, destructive effect on the premises and appears to be a stark and incongruous feature of this shopping street and causes an unacceptable level of damage to the character and appearance of the area, contrary to with; Policies DS1, DS3 and SC9 of the Council-adopted Core Strategic Development Plan document, Council-adopted Shopfront Design Guide, A.
Guide for retailers to securing their premises Supplementary planning document and the principles of the National Planning Policy Framework.
21/00483/ENFUNA
4 Moss Carr Grove Thwaites Brow
Without planning permission, the erection of a single storey timber and plastic extension to the rear of the property. The Local Planning Authority has been made aware of works to erect a timber and plastic extension to the rear of a dwelling. The unauthorized extension located to the rear of the property is of significant detriment to visual amenity by virtue of its design and.
21/00207/ENFUNA
75 Leeds Road Ilkley
Construction of a wooden outbuilding in the property's front garden without planning permission. The Local Planning Agency was made aware of works to build a painted wooden outhouse in the front garden of a residence and adjacent to a public highway.
20/01118/ENFUNA
83 - 85 Main Street Bingley
Installation of an unauthorized externally mounted roller shutter on the elevation of the property. In August 2020, the municipality received an inquiry regarding an alleged unauthorized roller shutter at the above property. An inspection in January 2021 found that an externally mounted roller shutter and shutter box had been fitted to the front of the building.
The council had no record of permission being granted for the roller shutter as installed. Letters have been sent to the owner/occupants of the property requesting action to rectify the breach of planning control, however no appropriate action has been taken to date. On 9 February 2022, the Planning Officer (Enforcement & Trees) approved the issue of an enforcement notice.
It is considered appropriate to take enforcement action (legally) because the unauthorized externally mounted roller shutter and roller shutter box, based on their design and appearance, are harmful to the visual experience, because they form incongruous features in the building and in the streetscape and are at the expense of the Bingley Conservation Area. The unauthorized development is contrary to policies DS1, DS3, EN3 and SC9 of the Council-adopted Core Strategy Development Plan Document, the Council-adopted Shopfront Design Guide, the Council-adopted A Shopkeepers Guide to Secure Their Premises Supplementary Planning Document and principles of the National Planning Policy Framework.
19/00565/TPOCN
Land 403553 434450 Back Leeming
Oxenhope Keighley
Tree replacement notice under S.207 TCPA 1990 to enforce a duty to replant trees in a conservation area. The replacement planting request is necessary to remedy the damage to the visual beauty resulting from the removal and destruction of trees and to preserve and enhance the character of the Leeming Conservation Area and to protect the contribution that trees make to the conservation area. The failure to replant trees also contravenes the policies of the Council's Core Strategic Development Plan document EN5 (Trees and Forests) and EN3 (Historic Environment).
20/00841/ENFUNA
Land Adjacent To Cottingley Cliffe Road
Bingley
An inspection showed that a single storey structure had been built on the land, for which the Council had no planning permission records. Retrospective planning application reference 20/05267/FUL for the single storey structure was refused by the Council in April 2021. The land agent has been asked to remedy the breach of planning control, however no action has been taken.
On March 10, 2022, the Planning Manager (Enforcement & Trees) authorized the issuance of an enforcement notice. It is considered appropriate to bring enforcement action (legal) as the unauthorized single storey building is detrimental to the visual experience due to its design and appearance, and constitutes an inappropriate development in the Green Belt and an incongruous feature of the land , contrary to retained policy GB1 of the Replacement Unitary Development Plan, Policy DS1 and DS2 of the Council's adopted Core Strategy Development Plan Document and the principles of the National Planning Policy Framework.
20/01331/ENFLBC
The Retort House Mulberry Lane
Steeton With Eastburn BD20 6PP
Without planning permission, the construction of an unauthorized timber structure located on land to the east of the dwelling. Following the receipt of an enquiry, an inspection in August 2021 revealed that an unauthorized timber outbuilding had been constructed on the land to the front of the Grade II listed building. To date, the unauthorized timber structure remains in place and the planning breach is unresolved.
On 1 June 2022, the Planning Officer (Enforcement & Trees) approved the issue of an enforcement notice. It is considered appropriate to initiate enforcement (legal) action as the unauthorized structure represents a poorly designed feature that cannot be related to. The unauthorized structure is at odds with the host building and represents a visually incongruous addition which is also detrimental to the visual amenity of the wider streetscape and local environment.
No public benefit accrues to offset this harm and the development is therefore contrary to policies DS1, DS3, SC9 and EN3 of the adopted Core Strategy Development Plan Document, section 16 of the Planning (Listed Buildings & Conservation Areas) Act 1990 and policy guidelines included in the National Planning Policy Framework.
DECISIONS MADE BY THE SECRETARY OF STATE
Appeal Allowed
Outline application for the construction of one dwelling requesting consideration of scale - Case No: 21/01175/OUT. Ilkley (Ward 14) Ben Rhydding Sports Ground Coutances Way Burley In Wharfedale Ilkley West Yorkshire One (1) freestanding non-illuminated sign with 2 wooden display boards (retrospective) - Case No: 21/04679/ADV. Variation of condition 3 of planning permission 11/00135/HOU to provide for the occupation of the existing accommodation by a non-relative for a temporary period of 5 years - Case No:.
Land At Glen Road Baildon West Yorkshire Retrospective double-sided information panel - Case number: 21/04819/ADV. Land in The Croft Keighley West Yorkshire Residential development of four homes - Case number: 21/01717/FUL.
Appeals Upheld
Appeals Upheld (Enforcements Only)
Appeals Withdrawn
Appeal Allowed in Part/Part Dismissed
Notice Upheld
Notice Varied and Upheld
