Content

This
decision is taken under delegated powers set out in Paragraph 145 of the
Officer Scheme of Delegation in the Council’s constitution, which grants
delegated authority to undertake all action in order to regulate
any actual, perceived or potential breach of any of the Town and Country
Planning Legislation including: 

  

to determine whether or not to take and/or to cease action
whether because in his/her opinion the breach is trivial, there is
insufficient demonstrable harm and/or, it is not expedient to take /
continue to take action 

 

Reasons for the decision

A report was received regarding unauthorised works carried
out on a section of adopted highway at Old Market Rd. The matter has been
reviewed and referred to the relevant authority. 

 

The works have been undertaken on a publicly adopted
highway, which is managed and maintained by the Highway Authority. Such works
may constitute interference with public infrastructure and are subject to
separate legal and operational processes. The issue was referred to the Highway
Authority for assessment. While no formal response has been received, it is
understood that the road is currently being surveyed as part of a planned
resurfacing programme. It is anticipated that any necessary action relating to
the works will be considered as part of that process. In the absence of a
response from the Highway Authority and given the likelihood that the matter
will be addressed through their ongoing works programme, it is not considered
proportionate or expedient to pursue further action at this time. 

 

The case will be closed on the basis that the matter has
been referred to the appropriate authority and is expected to be addressed
through their operational procedures.

 

Alternative options considered

The
alternative option would be to pursue formal enforcement action. However, due
to this matter being of low planning harm, it is not expedient to pursue formal
action. This is in line with Government guidance which suggests that Local
Planning Authorities should act proportionately in responding to suspected
breaches of planning control.