Purpose

Alleged Unauthorised Building Works - Removal
of Fence Panel and replacement (two breaches of Article 4
Direction)

Content

To take any and all necessary action to accord
with the following decision of the Planning Committee:-

RESOLVED that the Planning Committee, having considered the
contents of the report, determines that there has been a breach of
planning control (as defined by Section 171A of the Town and
Country Planning Act 1990 (as amended)) and Listed Building Consent
(as provided under Sections 7 and 9 of the Planning (Listed
Building and Conservation Areas) Act 1990 (as amended)) at Mistley
Quay resulting from the unauthorised removal and replacement of
parts/panels from the fence located adjacent to the Quay side as
identified in this report and that it is considered expedient,
having regard to the relevant legislation, provisions of the
development plan and to any other materials considerations, for
enforcement action to be taken in line with Section 172 of the Town
and Country Planning Act 1990 (as amended) and/or Section 38 of the
Planning (Listed Building and Conservation Areas) Act 1990. It is
requested accordingly that the Director of Planning and
Community:
(1) Delays taking any immediate action to enforce the breach of
planning control and listed building consent, subject to the
following:
(a) engagement with the owners of the land where the fence is
situated to discuss a proposal for a suitable alternative fence, or
no fence and to allow the relevant planning application(s) and
listed building consent application to be submitted within six
months of this resolution; and/or
(b) Invite a planning and listed building consent application to be
submitted for the retention of the works to the existing fence now
in place within 2 months of this resolution; and
(2) Following actions 1(a) and or (b) above not being successful,
or not engaged to authorise the Director of Planning and Community
to consider or pursue formal enforcement action to be taken which
could include the issue and service of an Enforcement Notice under
Section 172 of the Town and Country Planning Act 1990 and/or a
Listed Building Enforcement Notice under Section 38 of the Planning
(Listed Building and Conservation areas) Act 1990; together with
the reasons for that decision or action.