Agenda item

To consider a report of the Strategic Head of Service & Monitoring Officer (Legal & Democratic Governance).

The report summarises recent appeal decisions; lists current planning appeals and dates for local enquiries; informal hearings for planning appeals, and enforcement action by Area Committee area.

The Committee is recommended to note the report.

Officer contact: Vicki Bates on 0161 474 3219 or email: vicki.bates@stockport.gov.uk

A representative of the strategic Head of Service & Monitoring Officer (Legal & Democratic Governance) submitted a report (copies of which had been circulated) summarising recent appeal decisions, listing current planning appeals and dates for local inquiries and informal hearings according to area committee.

It was reported that since the publication of the agenda, there had been a number of updates to the report as follows:-

·         Two new appeals had been received in the Marple Area in relation to refusal of planning permission for alterations to an existing garage at Hollyvale Cottages and against an enforcement notice served on 4 March 2022 in respect of land on the North side of Chatterton Lane in Mellor in connection to the construction without planning permission of a wooden building on the last. It was reported that the appeals would feature on the next report submitted to Committee.

·         With regard to the enforcement notice which was served on 61 Chester Road, Hazel Grove, relating to the insertion of three dormer windows on the roof of a detached garage without planning permission, the council had been notified that an appeal had been submitted but hadn’t yet received formal confirmation from the planning inspectorate. It was reported that there was also a breach of condition notice that had been served on this property, but as yet the council had not received notice that this had been appealed.

·         With regard to the results of some of the ongoing prosecutions, the sentencing in relation to the matter of 144 Stockport Road, Marple, was postponed from 29 March 2022 due to illness and subsequently took place on 7 April 2022 and the defendant was fined £350 with £350 costs awarded to the council. It was noted that the council were continuing to pursue compliance on this matter.

·         With regard to the hearing for 7 Peel Moat Road, Heaton Moor, the date had been set for 19 May 2022.

·         It was reported that the Enforcement Notices in respect of the Tree replant notice at Stonepail Cottages, Gatley, and the retrospective planning permission for the installation of a roller shutter at the former NatWest Bank, Compstell Road, Romiley had now been complied with.

·         In respect of the Enforcement Notice Served at Flat 2, The Grove, Cale Green, the council had been unable to receive a response from the occupier but had been in contact with the landlord who had also received no response from the occupier, however an extension had been granted until 14 May 2022 as the landlord had confirmed that he would comply with the notice.

·         It was reported that two breach of condition notices were served in respect of the former Barns Hospital, now Barns Village, one in connection to the failure to replace trees that had been removed which a prosecution file was being prepared.

·         In respect of the Enforcement Notice Served for installation of a roller shutter door without planning permission at 4 Goyt Avenue, Marple, a further compliance extension had been granted until 28 April 2022, failure to comply by this date would result in prosecution being prepared.

·         With regard to the inquiry at The Garden House, Lakes Road, Marple a date for the public inquiry had been scheduled for January 2022, however was rescheduled to April 2022 due to competing priorities in relation to another large scale inquiry. The applicant however was unable to attend this date and a new date of September 2022 had been issued. In the meantime, the planning application which came before Members at the February meeting was approved subject to legal agreement and appropriate conditions. This was in the process on ongoing discussions.

·         Members were informed that there had been further discussions, draft conditions circulated to the agent and progress in terms of the legal matter to instruct colleagues in legal services and the Section 106 agreement in relation to The Garden House.

·         In relation to an event that Members were aware of that may of taken place at The Garden House, the service had contacted the applicants agent to provide information in relation to the matter, it was reported that a response had been received prior to the meeting indicating that following discussions with the client, they confirmed that the swimming group being referenced as alleged use, no longer operate with The Garden House as a base and had relocated to a facility elsewhere in Brabyns Park, however they understand that the group may continue to access the river via the footpath similar to walkers, anglers and other individuals who use the path when The Garden House is closed. In reference to the marquee and night event, this had also been raised with the applicant’s agent who advised that there was no marquee erected on the site and that the claim may relate to a temporary covering and structure on the site which Members viewed on the site visiting team. Notwithstanding this, the agent had indicated that the client remained committed to ensuring and obtaining consent on the site with the relevant conditions attached.

The following comments were then made/ issues raised:-

·         It was queried in relation to 287 Wellington Road South, how long the council had been investigating options to deal with the condition of the building.

·         In response, Members were assured that this would be followed up as the matter had been ongoing for some time, however given the financial pressures on the council, there was a consideration of how the council would fund those works. The team were aware that the Buddleia growing out of the building was a priority due to the impact this had in undermining the structure of the building.

·         It was commented that whilst Totally Local Company were providing a quote in relation to the vegetation at 287 Wellington Road South, the vegetation was not adding to the quality of the local environment on the A6 and requested an update on the status of the quote.

·         In response, Members were advised that the council were still awaiting receipt of the quote from Totally Local Company and that the action would be followed up.

·         It was noted that The Garden House application was debated at length by Members and it was disappointing that we were not in a position where we had a set of conditions agreed by the applicant. It was noted that Members had expressed their concerns when considering the application and were surprised that the applicant had chosen to adjourn the appeal that they had requested.

·         It was reported that Members had seen various comments on social media from the swimming group which referenced The Garden House and inferred use from the site. It was felt that it was incumbent on the council to investigate whether this was the case or not.

·         Requested an update in relation to the Nursery on The Garden House site.

·         It was commented that the council had given the applicant the opportunity of planning permission with conditions and if the applicant was not willing to accept the conditions, the application should be reconsidered by the Committee for determination.

·         In response, Members were informed that if the service were unable to reach an agreed position on the conditions or the Section 106 agreement, the application would be reconsidered by the Committee and officers would need to make a decision of whether the recommendation would also change. It was clear from Members comments that there was a desire to see this matter resolved as quickly as possible.

·         Requested that if the matter of the conditions and Section 106 agreement in relation to The Garden House was not resolved at the earliest opportunity, that the application would be reconsidered by the Committee in due course.

·         Requested that Trust members of The Garden House were written to and informed of the consequences of an agreement in relation to the conditions and Section 106 not being reached.

RESOLVED – That the report be noted.