Decision details

Full details can be found

Not to take enforcement action to require the removal of the extension.

1. Enforce using Highways Legislation consisting of the following options:-
a. Request resident to remove structure
b. The Council to remove the offending structure using the powers contained in the Highways Act 1980 Section 143. These works would be carried out on a rechargeable basis.
c. Remove lower half of bay window and provide an over sail licence
d. Resident to apply for a stopping up order under planning

2. Decide not to enforce but would be under scrutiny from complainants – possible Ombudsman procedure – no interruption to the public for use of the adopted highway as it is a service strip.
When reviewing encroachment cases the decision making is based on a case by case basis.