Enforcement notice - 21/00029/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 - 21/00029/PPD

Served by: North Northamptonshire Council

To: Land at 84 Washbrook road, Rushden, Northamptonshire NN106UL

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 84 Washbrook road, Rushden, Northamptonshire NN106UL (“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 creation of a new planning unit by subdivision of a residential property.

4. The reasons for issuing this notice

It appears to the Council that the breach of planning control was carried out within the last 4 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:

The development by nature of design and construction has an adverse impact on the living conditions of the current tenet(s) and is therefore contrary to:

  1. National Planning Policy Framework (2019) Section 2 Achieving sustainable development
  2. Adopted North Northamptonshire Joint Core Strategy 2011-2031 (2016) Policy 8 Place shaping principles
  3. Rushden Neighbourhood Plan (2018) Policy EN1 Design in development

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

Cease the independent residential use of the bedsit.

6. Time for compliance

A compliance period of 1 week 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 30 March 2021 unless an appeal is made against it beforehand.

Dated: 1 March 2021

Signed: 

On behalf of:

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

Telephone: 0300 126 3000
Email: [email protected]

Nominated Officer: Colin Fanthom, 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 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