A Report by the Strategic Director for Regeneration and Environment advised Members of the failure to comply with the requirements of a Planning Enforcement Notice in relation to the property at 137 Raeburn Avenue, Eastham, Wirral.

The Report set out the options open to the Council in order to proceed with the matter and sought authority from the Planning Committee to take the appropriate course of action. Available options were:

Option A

The Council would pursue a prosecution in the Magistrate’s Court against the occupiers for their failure to comply with the notice. The likely outcome would be that the occupiers are found guilty of the offence and fined. The Council would then afford a further period of time in which to comply with the enforcement notice, the Council would pursue a prosecution against them again.

The public interest in pursuing a prosecution would be the removal of a structure that does not comply with Wirral’s adopted Supplementary Guidance note 11.

Option B

The Council would pursue a prosecution against the occupiers for their failure to comply with the requirements of the notice. The likely outcome would be that the occupiers are found guilty of the offence and fined. If the occupiers do not comply with the requirements of the notice following prosecution, the Council can take the stance that it is not in the public interest to pursue a further prosecution.

The Council would not continue to pursue compliance with the notice by the current owners. The enforcement notice would remain in force and any future buyer of the property would be responsible for ensuring that the requirements of the notice are carried out.

Option C

The Council can take the stance that it is not in the public interest to pursue a prosecution against the occupiers at all. The occupiers would be issued with a formal caution.

The Council would not continue to pursue compliance with the notice by the current owners. The enforcement notice would remain in force and any future buyer of the property would be responsible for ensuring that the requirements of the notice are carried out.

Option D

The Council can carry out the works required by the notice in default. It is estimated that the works would cost around £4000.00. A charge would be placed on the land and the Council would recoup the money if the property were sold.

In addition the Council has the option of either pursuing a prosecution against the occupiers for their failure to comply with the notice, or issuing a formal caution.

The Report recommended to Members that Option B is the most appropriate course of action

Members heard that since publication of the report representations had been made by the solicitor of the residents of the property concerned informing the Planning Authority of personal circumstances. As a result Planning Officers have opted to change their recommendation to Option C.

On a motion by Councillor Realey and seconded by Councillor Elderton it was:

Resolved (12:1)

That the Committee agree to take Option C as the most appropriate course of action