Enforcement Notice - EN/20/00245/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 - EN/20/00245/PPD
Served by: North Northamptonshire Council
To: Land and buildings at 47 West Street, Kings Cliffe, Northamptonshire. PEB 8XB
1. This notice
is issued by the Council because it appears to Ii that there has been a breach of planning control, under Section 171A (1) (a) of the above Act, at the land described below. It 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. Land to which this notice relates
47 West Street, Kings Cliffe, Northamptonshire. PE8 6XB, and shown edged red on the plan.
3. The matters which appear to constitute a breach of planning control
Without planning permission, the fitting of air-con units to the rear elevation of the property.
4. The reasons for issuing this notice
- It appears to the Council that the above breach of planning control has occurred within the last 4 years.
- The original complaint concern the noise generated by the units. As no planning application has been submitted with the required noise assessment, no consideration can be given to potential mitigation. The development Is therefore contrary to Policy 8 (e) of the North Northamptonshire Cora Spatial Strategy.
- The noise generated by the units has an adverse impact on the amenity of neighbouring properties and is therefore is contrary to Policy 8 (e) of the North Northamptonshire Core Spatial Strategy 2011 to 2031
5. What you are required to do
Remove the unauthorised air-con units from the rear elevation of the shop premises.
6. Time for compliance
3 months from the date this notice takes effect.
7. When this notice takes effect
This notice takes effect on 19th April 2021 unless an appeal Is made against it beforehand.
Dated: 19 March 2021
Signed: Head of Planning Services
On behalf of:
North Northamptonshire Council
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.
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