11/00713/F - Borough Council of King's Lynn & West Norfolk

12.5 It is also of note that direct action will not extinguish Mr Wilson and Miss
Wenn’s right to implement planning permission 10/00200/F.
12.6 Overall, it is considered that the human rights of occupiers (under Article 1
Protocol 1 and Article 8) have been weighed cumulatively (as well as
severally) and that in this context, interference would be justified and
proportionate in all the circumstances as set out in this report.
13.0 CONCLUSIONS
13.1 This report is brought to the Board because of the need to update Members
about the change in circumstances since direct action was last authorised, so
that the implications of that can be fully and properly considered.
13.2 It is the view of officers that despite the appeal decision and subsequent
approval earlier this year, the structure on site remains unauthorised, and is
still covered by the enforcement notice issued in July 2006. Prolonged
negotiations with the applicants and their agent have failed to secure the
removal of the unauthorised structure, and it is therefore unlikely that the
breach will be voluntarily rectified. Therefore, for the reasons given above it is
considered expedient to take formal enforcement action in the form of direct
action under S.178 of the Town & Country Planning Act 1990, to remedy the
ongoing breach of planning control.
14.0 RECOMMENDATION
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14.1 That authority is granted to the Executive Director of Development
Services, to implement and execute direct action to comply with part of
the enforcement notice, the removal of the unauthorised park home,
thus remedying the breach of planning control.