Contact: Victoria Kocher Tel: 020 8583 5179 E-Mail: [email protected]Central Area Planning Committee 9 th July 2009 Hounslow West (Ref 298727) 55 Bath Road Report by: Divisional Head of Regulatory and Development Services. Summary This report seeks Members’ authority to issue an enforcement notice in respect of an outbuilding equipped and used as a sushi factory at the rear of 55 Bath Road, Hounslow. 1.0 RECOMMENDATION 1.1 That the Committee considers it expedient, having regard to the provisions of the Unitary Development Plan, and all material considerations, to grant authority for: 1.2 All necessary steps to be taken for the preparation, issue and service of an enforcement notice in relation to 55 Bath Road, Hounslow requiring within three calendar months: • Cessation of the use of the detached outbuilding as a commercial business • Removal of all business related facilities from the detached outbuilding; and for • The removal of all resultant debris; and for The institution of any necessary legal proceedings in the event of non-compliance with the above enforcement notice, pursuant to Section 179 of the Town and Country Planning Act 1990; and The carrying out of works in default under Section 178 of the Act in the event of non-compliance with the enforcement notice, including the recovery of the Council’s costs in carrying out such work. 2.0 SITE DESCRIPTION 2.1 The property is a two-storey semi detached house located on the northern side of the Bath road, to the east is a row of five terraced properties. There are no commercial properties along this section of the road. 2.2 The rear garden of the property is over 300m ² and backs onto Bulstrode Road. 2.3 A detached outbuilding has been erected midway along the rear garden and is equipped and used as a sushi factory. It has been set in from the eastern boundary by
Transcript
Contact: Victoria Kocher Tel: 020 8583 5179 E-Mail: [email protected]
Central Area Planning Committee 9th July 2009
Hounslow West (Ref 298727)
55 Bath Road Report by: Divisional Head of Regulatory and Development Services.
Summary
This report seeks Members’ authority to issue an enforcement notice in respect of an outbuilding equipped and used as a sushi factory at the rear of 55 Bath Road, Hounslow.
1.0 RECOMMENDATION
1.1 That the Committee considers it expedient, having regard to the provisions of the Unitary Development Plan, and all material considerations, to grant authority for:
1.2 All necessary steps to be taken for the preparation, issue and service of an enforcement notice in relation to 55 Bath Road, Hounslow requiring within three calendar months:
• Cessation of the use of the detached outbuilding as a commercial business
• Removal of all business related facilities from the detached outbuilding; and for
• The removal of all resultant debris; and for
The institution of any necessary legal proceedings in the event of non-compliance with the above enforcement notice, pursuant to Section 179 of the Town and Country Planning Act 1990; and
The carrying out of works in default under Section 178 of the Act in the event of non-compliance with the enforcement notice, including the recovery of the Council’s costs in carrying out such work.
2.0 SITE DESCRIPTION
2.1 The property is a two-storey semi detached house located on the northern side of the Bath road, to the east is a row of five terraced properties. There are no commercial properties along this section of the road.
2.2 The rear garden of the property is over 300m ² and backs onto Bulstrode Road.
2.3 A detached outbuilding has been erected midway along the rear garden and is equipped and used as a sushi factory. It has been set in from the eastern boundary by
2m. The outbuilding benefits from a sink, food preparation and packing area. A portable toilet has been placed next to the outbuilding.
2.4 The outbuilding does not fall within permitted development tolerances because it is slightly higher than 3m (3.1m) and it has not been set in from the northern boundary. It is not expedient to take action against the structure because the garden is so large and the outbuilding is positioned along a section of the garden that has trees screening the view of the outbuilding from the neighbouring property.
2.5 The property is located on a busy main road that provides access to Hounslow Town Centre. Parking is limited and is provided by way of the driveway at the front of the property.
3.0 PLANNING HISTORY AND OTHER RECORDS
3.1 Planning Records
No planning records.
3.2 Other Council Records The aerial photographs from 2006 show that the outbuilding had not been built.
The owners of the property have completed a food business registration form. This was received by the Council’s Food Team on the 20th August 2007 and names the business as ‘Pinnacles UK Ltd’.
The Food Safety Team carried out an inspection of this premises on 2/3/09. On that date the building was unsuitable for the business operation, which was, being carried on there, namely the manufacture of sushi. The owner was advised that he would need to make an application for approval under Regulation (EU) No 853/2004 if he wanted to carry on this business and that substantial improvements would be required to the building before approval could be granted. To date no application has been received.
4.0 ENFORCEMENT HISTORY, INVESTIGATION AND EVIDENCE.
This matter is a breach of planning control because the outbuilding is being used to run a business without the benefit of planning permission
4.1 Following a complaint regarding the unauthorised use of 55 Bath Road as a business a letter was sent to the owner/occupier on the 14th August 2007. The letter stated that in an attempt to remedy this breach of planning control the owner must either submit a planning application or cease the use of the property as a business. No response to this letter was received.
4.2 A further complaint was received on the 27th November 2008 stating that the owner of the property was now building an outbuilding in the rear garden.
4.3 A letter was sent on the 3rd December 2008 stating that the Council had received a report alleging that an unauthorised outbuilding had been erected at the property. The letter outlined four options that the owner could follow in an attempt to remedy this
breach of planning control. In addition it requested that the owner contact the case officer within ten working days.
4.4 An unannounced site visit was conducted on the 15th January 2009 where it was established that an outbuilding had been erected in the rear garden. At the time of the visit the outbuilding was empty. When the case officer asked the owner what he intended to use the outbuilding for, he confirmed it would be used for storage.
4.5 A second unannounced site visit took place on the 25/02/2009. A planning enforcement officer and two members of the food team were refused entry to the main house. However, through a crack in the door they were able to establish that the kitchen was being used to prepare sushi.
4.6 The food team carried out a further site visit on the 6th March 2009. At this visit it was established that the outbuilding had been recently equipped to run the sushi business. Photos of this site visit can be found in 4.8.
4.7 The matter was deferred from the Central Area Planning committee on the 14th May 2009 as the owner confirmed that he had just submitted a planning application in an attempt to remedy this breach of planning control. This application proved to be invalid; the Council have contacted the owner on two occasions in an attempt to validate the application. No response has been received.
4.8 The pictures below show the outbuilding at 55 Bath Road.
Toilet located at the rear of the outbuilding.
5.0 ANALYSIS
5.1 Under Section 172 of the Town and Country Planning Act 1990 (as amended), the Council has the power to take enforcement action where it assesses that a breach of planning control has resulted in material harm in planning terms.
5.2 Guidance as to how to apply this power and when a Council should find enforcement
action expedient is contained in PPG18 and Circular 10/97, both entitled 'Enforcing Planning Control'. The government urges local planning authorities to use enforcement action as a last resort. Reports are not brought forward to committee unless it has been concluded that there is no other course of action available.
5.3 In addition to Government guidance the statutory Development Plan sets criteria
against which to judge whether a breach of planning control is unacceptable. 5.4 When determining applications for planning permission, the authority is required to
have regard to the development plan, so far as is material, and to any other material considerations. In addition, the determination must be made in accordance with the development plan unless material considerations indicate otherwise.
5.5 The Development Plan for the Borough comprises the Council's Unitary Development
Plan (UDP) and the London Plan. The UDP was adopted in December 2003 and was amended and saved as of 28 September 2007 by direction from the Secretary of State. The 'London Plan (Consolidated with Alterations since 2004)' was adopted in February 2008.
5.6 As part of its prospective Local Development Framework, the Council has adopted
Supplementary Planning Documents on Planning Obligations and Air Quality, which are statutory material considerations and will be applied alongside the Development Plan
Chilled van used to distribute Sushi.
5.7 The authority has also prepared two draft development plan documents (‘DPDs’): the Employment Development Plan Document and Brentford Area Action Plan, which were subject to Examination Hearings in April 2008. As emerging policy, the two DPDs are material considerations in determining applications. The employment DPD is a relevant consideration to this case.
Relevant Planning Policy 5.8 The Development Plan for the Borough comprises the Council's Unitary Development
Plan (UDP) and the London Plan. The UDP was adopted in December 2003 and was amended in September 2007 by direction from the Secretary of State. The London Plan was adopted in February 2004 and was amended in December 2006 by the incorporation of Early Alterations to the London Plan. A report following an Examination in Public on Further Alterations to the London Plan was published in October 2007. As emerging policy, the Further Alterations to the London Plan can be afforded some weight in planning matters.
The Development Plan policies relevant to this case are:
5.9 ENV-B.1.1 (All New Development)
The Council will consider all development proposals and ensure that the proposals contribute to the character of the immediate or wider residential area, and would not result in the unacceptable loss of amenities in terms of privacy, private amenity space, noise, outlook, unsatisfactory vehicular and pedestrian access, or other amenity spaces. Development proposals should make a positive contribution to overall environmental quality.
5.11 E.2.1 (Environmental Criteria)
States that there should be no significant amenity loss to immediate neighbours or the area in general resulting from the nature of the business, the amount of traffic generated or access arrangements.
5.12 T.1.4 (Car and Cycle Parking and Servicing Facilities for Developments)
All developments must provide parking and servicing facilities in accordance with the Council’s standards. The standards include provision, which must be made for people with disabilities and operational parking (i.e. spaces for servicing, loading and unloading and other traffic which must park on the premises) which must be met on site.
5.13 T.2.2 (Pedestrian Safety and Security)
All new proposals will be considered with regard to the safety and security of all users of pedestrian areas and footways, subways and car parks.
5.14 T.4.3 (Traffic implications of New Development)
Development will not be permitted if the traffic movement directly associated with it would increase danger, cause unacceptable noise, congestion or environmental intrusion. All development proposals will be assessed for their road safety implications and their contribution to traffic congestion.
5.15 Employment Development Plan Document
The purpose of the Employment Development Plan Document (DPD) is to plan the future use of land for employment including industrial and commercial uses in the London Borough of Hounslow. This is achieved through directing new employment development to appropriate locations and the management, protection and release of industrial and commercial land and buildings.
The Residential Guidelines state (amongst other things) that outbuildings should:-
• Be used only for normal domestic purposes related to the residential use of the main house.
5.17 The key planning issues in this case are therefore:
• The general principle of this building and its use
• Pedestrian and vehicular access.
• Traffic, access and parking issues resulting from this use.
• The impact of this use upon the amenities and living conditions of adjoining residents and the surrounding area.
Assessment of Harm
5.18 The UDP seeks to ensure that development proposals make a positive contribution to
overall environmental quality of the area. They should contribute to the character of the immediate or wider residential area, and not result in the unacceptable loss of amenities in terms of privacy, private amenity space, noise, outlook, unsatisfactory vehicular and pedestrian access, or other amenity spaces.
5.19 The use of the outbuilding as a sushi factory is contrary to UDP Policy E.2.1 and T.4.3
as there is significant amenity loss by way of noise, privacy, and other nuisance to the neighbours and those in the surrounding area. The nature of the business results in an increased amount of traffic and increased pressure for parking in the road. A chilled van (which is kept on the front driveway) is used to distribute the sushi, when in operation it generates additional noise and therefore disturbs local residents. . In addition, vehicles that deliver produce to the outbuilding create additional traffic and disturbance; this is especially problematic seeing as there are no provisions for parking
in the road. This results in disturbance to the surrounding residents and a loss of privacy to the adjoining properties as deliveries come and go.
5.20 At present the occupants of the main dwelling are running the business. It is
considered that now the business has been moved to a purpose built outbuilding it has the potential to employ further staff and thereby materially change the character of the property from a residential dwelling to that of a busy commercial business.
5.21 There are no off street parking facilities provided along this stretch of road. As a result
vehicles that need to deliver to the premises will inevitably have to park in an unauthorised area and therefore disrupt the flow of traffic along this busy road. This has also resulted in conditions that are a risk to pedestrians’ safety and security. Residents have contacted the Council stating that this is currently happening, and therefore the use of the outbuilding as a sushi factory is contrary to Policies T.1.4, and Policy T.2.2.
Proposed action
• Cessation of the use of the detached outbuilding as a commercial business
• Removal of all business related facilities from the detached outbuilding; and for
• The removal of all resultant debris; and for
6.0 SUMMARY AND CONCLUSION
6.1 The detached outbuilding used as a sushi factory results in conditions that are harmful to neighbours living conditions in this residential area, it gives rise to unacceptable levels of noise, on street parking, traffic and general disturbance contrary to the Unitary Development Plan policies ENV-B.1.1 (New Development), T.1.4 (Car and Cycle parking and servicing facilities for developments), T.2.2 (Pedestrian Safety and Security), T.4.3 (Traffic implications of New Development) and E.2.1 (Environmental Criteria) and the Council’s Residential Extension Guidelines.
6.2 Based on the information in this report it has been concluded that no action short of the
proposed enforcement action described in this report can remove the harm caused by these breaches of planning control. In these circumstances, it is considered expedient to take enforcement action as recommended at the start of this report.
Background Papers:
Relevant UDP polices are ENV-B.1.1 (New Development), T.1.4 (Car and Cycle parking and servicing facilities for developments), T.2.2 (Pedestrian Safety and Security), T.4.3 (Traffic implications of New Development) and E.2.1 (Environmental Criteria) and Residential Extension Guidelines section 7. The policy documents can be viewed online, Civic Centre and local libraries.
