Enforcement notice - 17/00370/PPD-1

Important - This communication affects your property

Town and Country Planning Act 1990 (Section 172) As Amended by the Planning and Compensation Act 1991

Enforcement notice - 17/00370/PPD-1

Served by: North Northamptonshire Council

To: The land at Daglan, 42A Gretton Road, Harringworth, NN17 3AD

1. This notice

is issued by the Council because it appears to them 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. They consider 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 contains important additional information.

2. Land to which this notice relates

The land at Daglan, 42A Gretton Road, Harringworth, Northamptonshire NN17 3AD (“the Land”) shown edged in red on the Site Plan.

3. The matters which appear to constitute a breach of planning control

The alleged breach of planning control is the material change of use of the Land and building to a separate residential unit, plus the siting of a shipping container and other paraphernalia (eg patio furniture) ancillary to this use, without planning permission.

4. The reasons for issuing this notice

It appears to the Council that the above breaches of planning control have occurred within the last 4 years for the separate residential use and within the last 10 years for the siting of the shipping container used for storage, without planning permission.

The Council considers it expedient having regard to the provisions of the development plans and to all other material considerations to issue an Enforcement Notice pursuant to Sections 172(1) of The Town and Country Planning Act 1990 (as amended) to remedy the breaches of planning control for the following reasons:

Highway Access

The introduction of the second residential dwelling, which is 125m along a private shared access track, raises detrimental highway safety concerns, due to the fact that the first 10m from the highway is not the minimum 4.5m wide to allow two cars to pass and the first 5m are not a hard bound surface. Also, there is further concern that the long 125m shared access track does not have passing places for vehicles to pass each other safely should they meet along the track. Therefore, the narrow shared access track raises highway safety concerns in terms of entrance width, surfacing and lack of passing places, which is contrary to Policy 8 of North Northamptonshire Joint Core Strategy 2011 to 2031 (JCS) (2016) and the Local Highway Authority Standing Advice June 2016 (section 4.6).

Heritage

The unauthorised residential use comes with associated residential paraphernalia, car parking, a shipping container and the potential for a domestic garden, which are considered to have a cumulative less than substantial harm to the setting of the Listed railway viaduct (Welland Viaduct) and a negative effect on the visual appearance of Harringworth Conservation area. Therefore in this particular case, the cumulative less than significant harm outweighs the public benefit, so is contrary to Section 16 para 193 and 196 of the NPPF (2019) and Policy 2 and 3 of the JCS, which seek to preserve and/or enhance the character and appearance of the historic environment.

The Council does not consider that planning permission should be given, because planning conditions could not overcome these material planning objections to the development.

5. What you are required to do

  1. Permanently cease the residential use of the Land marked by a red boundary on the attached Site Plan.
  2. Permanently cease the residential use of the building (shown in photograph AP1, Appendix A and marked ‘A’ on the attached site plan) on the Land.
  3. Permanently remove all residential paraphernalia from the building and the Land (eg patio table and chairs etc).
  4. Permanently remove the shipping container from the Land (shown in photograph AP1, Appendix A), and return the Land to its condition prior to the development.
  5. Permanently remove all resultant debris from steps 1 to 4 from the Land.

6. Time for compliance

A compliance period of 6 months for completion of all the steps in paragraph 5 from the day on which this notice takes effect.

7. When this notice takes effect 

This notice takes effect on 14 January 2020 unless an appeal is made against it beforehand.

Dated: 16 December 2019

Signed: Roz Johnson, Planning Development Manager

On behalf of:

North Northamptonshire Council
Thrapston Office
Cedar Drive
Thrapston
Northamptonshire
NN14 4LZ

Telephone: 0300 126 3000
Email: [email protected]

Nominated Officer: Chris Hancox (Principal Planning Enforcement Officer)

Annex

Your right of appeal

You can appeal against this notice, but any appeal must be received, or posted in time to be received, by the Secretary of State before the date specified in paragraph 7 of the notice. You can appeal online or by post using forms available from The Planning Inspectorate. Please read the guidance notes regarding making an appeal.

If you want your appeal to be considered under ground (a) you must pay a fee. The current fee is £924

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 are 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/or remedial action by the Council.

Appeal costs

You should be aware that the Council has a policy of applying for an award of its costs against appellants whenever appropriate.

Last updated 19 July 2023