Other cases include demolition of an extension that was too long, fixing a defective wall on unsound foundations, and removing a caravan from a field which had been used as a home.
Enforcement action on the different cases has included or could include prosecutions, fines, orders to demolish unapproved buildings and structures, or remove unsuitable items from farm land.
Councillors on Pendle Borough Council’s various area committees have been given updates from legal officers this week on alleged building and land breaches in their areas. The Nelson, Brierfield and Reedley Committee was among them.
Enforcement cases in the Nelson area include Nelson Tyre Centre on Rakes House Road. The tyre business sparked controversy last year after activities began there without change-of-use planning approval. Tyre fitting work was carried out for nine months without permission.
A retrospective planning application was later submitted to Pendle Borough Council, first to the Nelson area commitee and then to the more-senior Policy & Resources Committee, which included installing sound barriers to limit noise disturbance on neighbours. But the barrier idea was compared with the Berlin Wall or a prison wall by some councillors and residents.
Some households nearby also complained of traffic and noise disturbance day and night, with delivery and pick-up vehicles, along with fears of fires and accidents with stored goods. However, the tyre centre owners said they would work to ensure business activities were done properly.
Now, Pendle Council legal officers say a breach of condition notice was served for issues relating to permitted operating times at the site.
The tyre centre operating times are supposed to be 8am to 6pm from Monday to Friday and 9am to 1pm on Saturdays. No activities are allowed on Sundays and Bank Holidays. The breach notice was served on February 7 this year with a deadline date to comply by March 9.
Another enforcement case in the area relates to land at 113 Leeds Road in Nelson. A breach of condition notice was served there back in July 2020, requiring the submission and approval of a planned scheme for the extraction, treatment and dispersal of fumes and odours. The deadline to comply was August 2020. No scheme has been received so legal officers now want to move to a prosecution.
At 5 Sussex Street in Nelson, an enforcement notice requiring the owner to demolish an extension and restore the building to its former condition was served in April 2021 with a compliance deadline of August 2021. A Pendle Council enforcement officer is to check this week on the latest situation.
Elsewhere, at land south of Pendle Bridge in Reedley, an enforcement notice was served in January 2020 requiring the owner to remove caravans used for homes and stop using the land for any residential purpose by March 2020. This was followed by a trial on January 27, 2022, which led to a prosecution and fine for the unnamed defendant.
Another case relates to land at 21 Sefton Street in Brierfield, An enforcement notice was served in October 2020, telling the owner to reduce the depth of the extension to a maximum of four metres and remove all the materials arising from the part-demolition of the extension from the land. The deadline to comply was June 2021.
Meanwhile, at land at Adamsons Farm, Royle, Reedley, an enforcement notice was served requiring the owner to stop using the land for all non-agricultural activities and to remove all non-agricultural items there. The notice was served in March 2021 and the deadline to comply was June 2021.
At 72 Cloverhill Road in Nelson, a notice was under the Building Act in September 2021 on the owner to take down a defective side of the wall and build the wall back on a suitable foundation. The report to Pendle councillors states that re-mediation work had begun in January this year and a council officer will be checking that it is completed.
Elsewhere, 12 breaches have taken place on land at 30 Higher ReedleyRoad in Brierfield, the report to councillors stated. Breach of condition notices were served there in December 2021 for issues including landscaping details, a method statement, drainage scheme, a scheme for highway improvement works, details to adoptable standards of an internal road, details of future management and maintenance of the road, completion of an estate road, site access work,a scheme for surfacing and paving of car parking areas, a scheme for cycle storage facilities, a scheme for electrical vehicle charging points and sample of materials to be used in the external construction of the development. The date to comply was January 7, 2022.
On land at 90 Manchester Road in Nelson, breach of condition noticeswere served in December 2021 for issues including details of design and materials, a scheme for fumes and sound installation. The compliance deadline was January 7 this year.
On land at 2 Warwick Street in Nelson, an enforcement notice was served on January 25 for the unauthorised erection of wooden fencing around the rear boundary of the property as well as a wooden canopy structure in the rear yard. The deadline to comply is April 25 this year.
Finally for the Nelson area, on land at 125 Scotland Road in Nelson, an enforcement notice was served on February 8 for the unauthorised development of a terrace on the roof of a single storey extension along with a timber structure with a polycarbonate roof above and attached to the rear elevation. The deadline to comply is June 11 this year.