Enforcement notice - 20/00230/PPD

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 - 20/00230/PPD

Served by: North Northamptonshire Council

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 28 College Street, lrthlingborough, Wellingborough, Northamptonshire NN9 5TX ("the Land"), shown edged in red on the Site Plan.

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

Without planning permission, the demolition of a wall within a Conservation Area between the approximate positions marked A and B on the attached plan.

4. The reasons for issuing this notice

It appears to the Council that the breach of planning control was carried out within the last four years without planning permission.

The Council considers it expedient having regard to the provisions of the development plan 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:

  1. The demolition of the wall has led to the loss of a feature which forms part of the distinctive North Northamptonshire historic environment. The demolition is therefore contrary to Policy 2 of the North Northamptonshire Joint Core Strategy 2011 -2031 and Section 16 of the National Planning Policy Framework 2019.

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

  • Rebuild the wall to a height of 1.8 metres between points A and B as indicated on the site plan using reclaimed bricks to match original materials as shown in images W1 Appendix A (Nursery Gardens elevation) and W2 Appendix A (College Street elevation)
  • Remove all resultant debris from step (1) from the Land.

6. Time for compliance

A compliance period of 2 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 12 April 2021 unless an appeal is made against it beforehand.

Dated: 15 March 2021

Signed: Carolyn Tait, Planning Development Manager

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

Telephone: 0300 126 3000
Email: [email protected]

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 on-line 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