[Appeal by Hugh Mann against the enforcement notice 12 July 2007 served by West Lothian Council : site address: land at 80 Robertson Way, Livingston, West Lothian, EH54 8RF] : [letter] /
Scotland.DIrectorate for Planning and Environmental Appeals.
Falkirk : DIrectorate for Planning and Environmental Appeals,
2008.
The alleged breach of planning control: the formation of a decked area on the roof of the newly formed extension.
Steps required by the council to remedy the alleged breach of planning control: remove the decking boards from the roof of the newly constructed extension and also remove the staircase providing access to this area.
Grounds of appeal under section 130(1) of the Town and Country Planning Act (Scotland) 1997: (b) that the breach of control alleged in the notice has not occured, (c) that there has not been a breach of planning control, (d) that at the time the notice was issued, it was too late to take enforcement action against the matters stated in the notice, and (f) that the remedial steps required are excessive, and lesser steps would overcome the objection.  Since the prescribed fees have been paid, the deemed application for planning permission also falls to be considered.
Date of site visit by reporter: 7 January 2008; decision by Mike Croft.
Date of appeal decision: 31 January 2008.
City planning