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The Leader of the Council provided the
following response to the public question that had been
submitted:
 
Question
 
In relation to a FOI Request made by myself on
the 05/11/24 in relation to the grade 2 listed Cotton Mill in
Keighley I was informed on the 03/12/24, that "The Enforcement
investigation is ongoing in consultation with English Heritage and
our own Conservation Team." In response to question asked
by myself at the Council meeting held 7 days later on the 10/12/24 I was informed that
"planning enforcement team have been involved in the recent past
to ensure that the Grade II* listed Old Cotton Mill remains in a
safe condition". Since this enforcement investigation
ceased just prior to the Council meeting, what was the conclusion
of this investigation and why is the Council allowing this historic
grade 2 listed building to fall
down?
 
Response:
 
This relates to a complex and ongoing planning
enforcement case, together with activity associated with
unauthorised works to a Grade 2* listed building, which is also on
Historic England’s Building at Risk Register. The enforcement
investigation is ongoing and has not ceased. The Council is
gathering important evidence to determine next steps.
 
The power to take planning enforcement action
is discretionary and the Council is bound by several legal
principles in how it exercises this discretion, including
taking action proportionately,
reasonably and ensuring procedural fairness and process. This
includes taking into account the
particular circumstances of a
development.  In this case, Officers have been carefully
monitoring and inspecting the property over the last 12 months to
assess the potential harm of unauthorised development on the mill
complex, to assess evidence on whether it would be expedient to
enforce and to inspect the old mill building in terms of public
safety, through our Planning Enforcement team, Conservation Team
and our Building Control teams.
 
Whilst the Council has attempted to, and will
continue to try to resolve this without recourse to formal planning
enforcement action/court action by contacting the owner of the
property, it is now at the point where Officers are formally
considering the commencement of enforcement action and/or legal
proceedings against the owner of the property. Decisions regarding
enforcement activity are taken in accordance with the protocols set
out in the Council’s Constitution, including taking into
account the role and function of the Regulatory and Appeals
Committee and planning law.