Planning enforcement

1.0 Enforcement notice

1.1 This is a formal notice issued by the Council because it appears that there has been a breach of planning control, within paragraph (b) of section 171A(1) of the TCPA 1990, at the Land. It is considered expedient to issue this notice, having regard to the provisions of the development plan and to all other material planning considerations. The Annex at the end of this notice and the enclosures to which it refers contain important additional information.

2.0 The land affected by this notice

2.1 Land at 9 Orlando Road, Wellingborough, NN8 3AS shown edged red on the attached plan (the Land).

3.0 The matters which appear to constitute the breach of planning control

3.1 Without planning permission, the erection of an outbuilding to the rear garden, in the approximate location shown on the attached plan.

4.0 Reasons for issuing this notice

4.1 It appears to the Council that the above breach of planning control has occurred within the last four (4) years.

Retrospective planning application 25/01788/HFUL was refused on the 6 of February 2026 for the following reasons:

1. The siting of the outbuilding at the rear property boundary is in an elevated position relative to the neighbouring properties to the south and east. The total height of the building from the ground level of the neighbours at the rear is 4.15 meters and this results in the building having an overbearing impact on the neighbours. In addition, the use of white plastic cladding material reflects sunlight and has resulted in a dazzling effect on the neighbouring occupiers, further impacting their amenity. The development is contrary to Policy 8(e)(i) of the North Northamptonshire Joint Core Strategy, paragraph 135(f) of the National Planning Policy Framework, the National Design Guide, and the guidance contained within the Residential Extensions: A Guide to Good Design SPG.

2. The sitting of the outbuilding at the rear property boundary is in an elevated position making it a prominent feature in the street scene and the locality. The use of white plastic cladding and black felt roof contrasts with the red brick walls and the red and grey roof tiles which are characteristic of the development. As such the mass and angular form of the structure along with the materials used appear at odds with the domestic character of the surroundings. The building is neither visually attractive or sympathetic to the character of its surroundings and is therefore contrary to Policy 8 (d) (i) and (ii) of the North Northamptonshire Joint Core Strategy, paragraph 135 (b) and (c) of the National Planning Policy Framework, and the National Design Guide and the guidance contained within the Residential Extensions: A Guide to Good Design SPG.

5.0 What you are required to do

5.1 The unauthorised outbuilding is to be removed in its entirety (marked blue on the attached plan).

5.2 Clear the Land of all associated works and debris resulting from the removal required in 5.1.

6.0 Time for compliance

6.1 The period for compliance with the steps set out in paragraph 5 is four (4) months from the date this notice takes effect.

7.0 When this notice takes effect

7.1 This notice takes effect on the 26 June 2026, unless an appeal is made against it prior to that date.
Issued: 26 May 2026

Graeme Kane
Executive Director of Place and Economy
North Northamptonshire Council (Wellingborough Office)
Swanspool House
Doddington Road
Wellingborough
Northamptonshire
NN8 1BP

Dated: 26 May 2026

If you want to appeal against this enforcement notice you can do it:

• on-line at the Appeals Casework Portal
• sending us enforcement appeal forms, which can be obtained by contacting us on the details above

You must make sure that we receive your appeal before the effective date on the enforcement notice.

Please read the appeal guidance documents.

In exceptional circumstances you may give written notice of appeal by letter or email. You should include the name and contact details of the appellant(s) and either attach a copy of the Enforcement notice that you wish to appeal or state the following:

• the name of the local planning authority
• the site address
• the effective date of the enforcement notice

We must receive this before the effective date on the enforcement notice. This should immediately be followed by your completed appeal forms.

Annex

North Northamptonshire Council has issued an enforcement notice relating to land at 9 Orlando Road, Wellingborough, NN8 3AS and you are served with a copy of that notice as you have an interest in the Land. Copies of the notice have also been served on the parties listed at the end of the Annex.

Your right of appeal

You can appeal against this enforcement notice, but any appeal must be received by the Planning Inspectorate (or be posted or electronically communicated at such time that, in the ordinary course of post or transmission, it would be received by the Planning Inspectorate) before the date specified in paragraph 7 of the notice.

If you intend to appeal against this notice you should follow the instructions given on the information sheet from the Planning Inspectorate which accompanies this notice.

Grounds of appeal

The grounds of appeal are set out in section 174 of the TCPA 1990. You may appeal on one or more of the following grounds that:

• In respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged (ground a)
• Those matters have not occurred (ground b)
• Those matters (if they have occurred) do not constitute a breach of planning control (ground c)
• At the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters (ground d)
• Copies of the enforcement notice were not served as required by section 172 of the TCPA 1990 (ground e)
• The steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by such breach (ground f)
• Any period specified in the notice in accordance with section 173(9) of the TCPA 1990 falls short of what should reasonably be allowed (ground g)

Not all of these grounds may be relevant to you.

Planning application fee

If you appeal under ground (a) of section 174(2) of the TCPA 1990 this is the equivalent of applying for planning permission for the development alleged in the notice and you will have to pay a fee of £726. You should pay the fee to North Northamptonshire Council. If the fee is not paid then that ground of appeal will not be valid.

Statement on grounds of appeal

If you decide to appeal, you should state in writing the ground(s) on which you are appealing against the enforcement notice and you should state briefly the facts on which you intend to rely in support of each of those grounds. If you do not do this when you make your appeal the Secretary of State will send you a notice requiring you to do so within 14 days.

Statutory provisions

A copy of sections 171A, 171B and 172 to 177 of the TCPA 1990 is attached for your information.

What happens if you do not appeal

If you do not appeal against this enforcement notice, it will take effect on the date specified in paragraph 7 of the notice and you must then ensure that the required steps for complying with it, for which you may be held responsible, are taken within the period[s] specified in paragraph 6 of the notice.

Failure to comply with an enforcement notice which has taken effect can result in prosecution and remedial action by the council.

Recipients of the enforcement notice

The names and addresses of all persons on whom the notice has been served:

• Parminder Singh of 9 Orlando Road, Wellingborough, NN8 3AS
• Gurpreet Kaur of 9 Orlando Road, Wellingborough, NN8 3AS
• Owner/Occupier(s) of 9 Orlando Road, Wellingborough, NN8 3AS
• Barclays Bank UK PLC (Co. Regn. No. 9740322) of P.O. Box 187, Leeds LS11 1AN

Site plan

1.0 Enforcement notice

1.1 This is a formal notice issued by the council because it appears to it that there has been a breach of planning control within paragraph (a) of Section 171A (1) of the above Act, at the Land described below. The council considers that it is expedient to issue this Notice, having regard to the provisions of the development plan and to other material planning considerations. The Annex at the end of the Notice and the enclosures to which it refers contain important additional information.

2.0 The land to which the notice relates

2.1 The Land known as The Old Swan, The Square, Earls Barton, NN6 ONA, shown edged in red on the attached plan (the Land) and registered under Land Registry Title Number NN154588.

3.0 The matters which appear to constitute the breach of planning control

3.1 Without planning permission, the erection and retention of a steel framed pergola structure and associated roof covering over the existing decking area within the rear curtilage of the Grade II listed property (hatched in blue on the attached plan - Appendix 1).

4.0 Reasons for issuing this notice

4.1 It appears to the Council that the above breach of planning control has occurred within the last four (4) years.

4.2 The roof covering and metal frame would be an inappropriate permanent structure which impacts upon the setting of the host listed building and the Earls Barton Conservation Area. The development is contrary to policy 8 (d) (i) and (ii) of the North Northamptonshire Joint Core Strategy 2011-2031 (Adopted 14 July 2016) and Policy EB.D1 of the Earls Barton Neighborhood Plan 2011-2031 (Adopted 19 Jan 2016).

4.3 The unauthorised structure has been assessed through planning application reference 26/00574/FUL, which has been refused on 24 June 2026. Accordingly, the development remains unauthorised.

5.0 What you are required to do

5.1 Permanently cease the unauthorised use of the structure as a covered seating area.

5.2 Remove the steel pergola structure in its entirety. (See Appendix 2).

5.3 Remove all roof coverings, supporting framework, fixings, and associated apparatus.

5.4 Permanently remove from the site all materials and debris arising from complying with paragraphs 5.1, 5.2, and 5.3 above.

6.0 Time for compliance

6.1 The period for compliance with the steps set out in paragraph 5 is Three (3) months from the date this notice takes effect.

7.0 When this notice takes effect

This Notice takes effect on 23 August 2026 unless an appeal is made against it prior to that date.

Planning Enforcement Reference: EN/26/00173/UNAUTU

Issued: 23 July 2026

Signed: Dated: 23 July 2026

Mr. George Candler
Executive Director of Place and Economy (Deputy Chief Executive)
North Northamptonshire Council (Wellingborough Office)
Swanspool House
Doddington Road
Wellingborough
Northamptonshire
NN8 1BP

If you want to appeal against this enforcement notice you can do it:

• on-line at the Appeals Casework Portal
• sending us enforcement appeal forms, which can be obtained by contacting us on the details above

You must make sure that we receive your appeal before the effective date on the enforcement notice.

Please read the appeal guidance documents.

In exceptional circumstances you may give written notice of appeal by letter or email. You should include the name and contact details of the appellant(s) and either attach a copy of the Enforcement notice that you wish to appeal or state the following:

• the name of the local planning authority
• the site address
• the effective date of the enforcement notice

We must receive this before the effective date on the enforcement notice. This should immediately be followed by your completed appeal forms.

Annex

North Northamptonshire Council has issued an enforcement notice relating to land at The Old Swan, The Square, Earls Barton, NN6 ONA and you are served with a copy of that notice as you have an interest in the Land. Copies of the notice have also been served on the parties listed at the end of the Annex.

Your right of appeal

You can appeal against this enforcement notice, but any appeal must be received by the Planning Inspectorate (or be posted or electronically communicated at such time that, in the ordinary course of post or transmission, it would be received by the Planning Inspectorate) before the date specified in paragraph 7 of the notice.

If you intend to appeal against this notice you should follow the instructions given on the information sheet from the Planning Inspectorate which accompanies this notice.

Grounds of appeal

The grounds of appeal are set out in section 174 of the TCPA 1990. You may appeal on one or more of the following grounds that:

• In respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged (ground a)
• Those matters have not occurred (ground b)
• Those matters (if they have occurred) do not constitute a breach of planning control (ground c)
• At the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters (ground d)
• Copies of the enforcement notice were not served as required by section 172 of the TCPA 1990 (ground e)
• The steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by such breach (ground f)
• Any period specified in the notice in accordance with section 173(9) of the TCPA 1990 falls short of what should reasonably be allowed (ground g)

Not all of these grounds may be relevant to you.

Planning application fee

If you appeal under ground (a) of section 174(2) of the TCPA 1990 this is the equivalent of applying for planning permission for the development alleged in the notice and you will have to pay a fee of £2,352. You should pay the fee to North Northamptonshire Council. If the fee is not paid then that ground of appeal will not be valid.

Statement on grounds of appeal

If you decide to appeal, you should state in writing the ground(s) on which you are appealing against the enforcement notice and you should state briefly the facts on which you intend to rely in support of each of those grounds. If you do not do this when you make your appeal the Secretary of State will send you a notice requiring you to do so within 14 days.

Statutory provisions

A copy of sections 171A, 171B and 172 to 177 of the TCPA 1990 is attached for your information.

What happens if you do not appeal

If you do not appeal against this enforcement notice, it will take effect on the date specified in paragraph 7 of the notice and you must then ensure that the required steps for complying with it, for which you may be held responsible, are taken within the period[s] specified in paragraph 6 of the notice.

Failure to comply with an enforcement notice which has taken effect can result in prosecution and remedial action by the council.

Recipients of the enforcement notice

The names and addresses of all persons on whom the notice has been served:

1. The Company Secretary, Stonegate Pub Company Limited, 3 Monkspath Hall Road, Solihull, United Kingdom, B90 4SJ
2. The Company Secretary, Unique Pub Properties Limited, 3 Monkspath Hall Road, Shirley, Solihull W Midlands B90 4SJ
3. The Owner, The Old Swan, The Square Earls Barton, NN6 ONA
4. The Occupier, The Old Swan, The Square Earls Barton, NN6 ONA

Site plan