Undercliff Gardens: Planning Inspectorate Rejects Appeal

Undercliff Gardens: Planning Inspectorate Says No!You may have seen some of the postings on VentnorBlog over the years that we’ve had about planning issues around the Island, sadly often the abuses of the planning system by property developers.

Yesterday we had notice of the latest news on the saga of property developer Michael Jennings’ fight to save the unauthorised changes he made to his home in Undercliff Gardens.

Readers may remember that back in May 2008, the Planning Committee refused retrospective permission on the development and the Local Planning Authority subsequently slapped an enforcement notice on Jennings to return the property to approved plans.

It seems that Mr Jennings’ Do it first and sort out the legalities later attitude has come back to bite him (again).

Following refusal of the retrospective application, he appealed (once again) to the Planning Inspectorate (PI).

Yesterday’s official notice from the PI shows that not only have they dismissed his appeal but also recommend the following

Conclusion
29. In my overall conclusion, save for items (i) and (ix) of article 3 of the notice (i.e. the velux rooflights and the ground levels), the retention of the dwelling as built and the summerhouse has a detrimental impact first, on the character and appearance of the surrounding area; and secondly, on the living conditions of the neighbouring residential properties by reason of overlooking due to the summerhouse.

As such, the dwelling as built and the summerhouse are contrary to Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

We’re sure that someone out there might feel sorry for Mr Jennings, but it’s probably not the Planning Committee who voted vote of 14-0 against granting permission for the retrospective application, nor the neighbouring residents who have had to fight tooth and nail for the last few years to have the breaches of planning permission dealt with.

Enforcement
It will be interesting to now see what happens with enforcement. The council’s planning office isn’t exactly know for its keenness to enforce planning conditions that the councillors on the planning committee (PC) spend a lot of time and effort putting in place.

Since the planning committee refused retrospective permission on another of Mr Jennings’ developments, St Joseph’s, Ventnor (see many VB article on it), living by the site we have not witnessed any enforcement action, despite the PC insisting that the property is taken back to the approved plans rather than those that Mr Jennings chose to follow (without permission).

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Bertie
13, February 2009 4:58 pm

With regard to your penultimate paragraph, the question of enforcement may well be irrelevant if the forthcoming meeting of UGAC members decide upon further action against the parties concerned.

oldie
15, February 2009 12:11 pm

Whose money do the council think they will use to enforce anything? The Government have already used £17,000 of every taxpayer in the UK to bail out the banks! These things only become a problem for the offender if they ever want to sell or if they passover then it becomes a problem for the person who inherits. Take the Royal Yacht Squadron doubleglazed window saga for… Read more »

Zoiner
15, February 2009 3:02 pm

If the decision isn’t enforced then that is a green light for all the con artists and “developers” on the island to build what they want when they want. (No need to find bribe money any more either, so costs should go down). Mind you ignoring the opinions of residents is probably the only way we will get windmills, so part of me thinks this may be… Read more »

CPRE-IW
15, February 2009 8:14 pm

I’d like to point out that if planning culprits cease to act on an Enforcement Notice (which will have a compliance deadline written in) then immediately after the deadline the Council can appeal to the courts, which can order compliance forthwith. If the offender doesn’t act, then he is in contempt of court and can be fined, and in any case all legal expenses of the Council… Read more »

oldie
16, February 2009 11:42 am

With respect to the CPRE, of whom I am very supportive: I actually know of a case in Ventnor (all the info about it is still on the council website and can easly be still accessed) where the miscreant was taken to court, had his financial affairs looked at by the council, had no money to do the work, agreed that the council could do it for… Read more »

Colin
16, February 2009 3:27 pm

I just walked past the offensive building and it appears that Jennings is already dismantling the so called summerhouse.
It still looks like Steptoes Yard though.
Maybe this time he will not make yet another retrospective application.
Maybe this time the so called “safe pair of hands” in Seaclose will ACTUALLY enforce, but I won’t hold my breath.

Bertie
16, February 2009 5:38 pm

This is a new and interesting development (excuse the pun), taken from the IOW planning website today 16 Feb.: “IMPORTANT NOTICE: Due to technical problems, planning comments submitted online will not show up instantly to view in the normal manner. We will still receive online comments however, so there is no need to send them again. Whilst we are working to resolve this problem, online comments will… Read more »

Simon Perry
Admin
16, February 2009 10:07 pm

@CPRE-IW – I guess one of the problems is that the council aren’t likely to take the non-compliant to court.

In that case, can this be done by individuals?

CPRE-IW
16, February 2009 11:41 pm

Oldie is right, of course, that there are cases where Councils have to be wary because they are unlikely to recover their costs. But these are very few to a determined Planning Authority – there is usually real estate that can be sequestered, and once the courts are involved I believe it becomes a criminal offence to ignore an Enforcement Order. Bailiffs can be ordered in if… Read more »

CPRE-IW
17, February 2009 12:00 am

Sal, enforcement has had a roller-coaster ride in the last few years. Immediately after the last IW Council elections in May 2005, the Enforcement Team of five was disbanded and put into dealing with general planning applications, leaving just one solitary junior as a ‘compliance officer’. Enforcement matters and complaints built up, and after a time they even ceased to record complaints about unauthorised developments – one… Read more »

Bertie
17, February 2009 8:13 am

Whilst I am unable to say what they are on an open forum, there are 4 options which will be put to UGAC Members. @CPRE “I would guess that the first recourse would be to the Local Government Ombudsman, claiming maladministration by the Council.” Ah, bless. What a complete waste of time this would be. The LGO is a toothless watchdog (like many others), which regards a… Read more »

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