Eyesore Served With Notice

10 November 2010 by Hamst

The owner(s) of an infamous Scunthorpe eyesore on Frodingham Road which has been in breach of planning control have been served with a Section 215 notice requiring renovation of structure in accordance with the scheme of works set out in the notice. The property at 132-136 Frodingham Road, the former Kashmir Gardens restaurant, burned down in 2003 in a suspected arson attack and the structure has stood in ruins ever since. North Lincolnshire Councils Planning Committee will meet on 17th November 2010 to be updated on the enforcement action. Kashmir Gardens, 10th October 2010. on Twitpic 132-136 Frodingham Road Section 215 (s215) of the Town & Country Planning Act 1990 provides a Local Planning Authority with the power, in certain circumstances, to take steps requiring land to be cleaned up when its condition adversely affects theamenity of the area. If it appears that the amenity of part of their area is being adversely affected by the condition of neighbouring land and buildings, they may serve a notice on the owner requiring that the situation be remedied. These notices set out the steps that need to be taken, and the time within which they must be carried out. Local Planning Authorities also have powers under s219 to undertake the clean up works themselves and to recover the costs from the landowner. The use of s215 is discretionary and it is therefore up to the Local Planning Authority to decide whether a notice under these provisions would be appropriate in a particular case, taking into account all the local circumstances. Local Planning Authorties have to consider, for example, the condition of the site, the impact on the surrounding area and the scope of their powers. In some circumstances s215 notices may be used in conjunction with other powers, for example, repair notices in respect of listed buildings or dangerous structure notices.


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[-]Comments hidden, click to expand. (1|0) By Bill Cheetham 2 years ago (1|0)Rated: Great!
The council planners really do seem to have got the bit between their teeth in recent weeks. What with calling time on the long drawn out and still contentious planning consultations, and pushing through a decision to approve the Able UK Humber superport proposals!? And then after 7 years of dereliction and almost 4 years of Labour controlling the council; yet just 7 months before local council elections and NLC's Planning Service suddenly decide to exercise its discretion to serve a long overdue enforcement notice on the owners of a controversial eyesore. Well, whatever, at least the Kashmir Gardens case just goes to show that the council's planners (presumably with some encouragement from our venerable local movers and shakers) seemingly do take note after all, of residents' many derisory comments and concerns on this forum and on the Telegraph's web pages!!

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[-]Comments hidden, click to expand. (1|0) By Thoades 2 years ago (1|0)Rated: Great!
Amendment to article. I've been informed by a reliable source that the owner of this property was incorrectly identified in the original article so I've modified the article and removed the name. Thanks for letting me know

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[-]Comments hidden, click to expand. (1|0) By Bill Cheetham 2 years ago (1|0)Rated: Great!
How commendable and refreshing that there are groups and individuals who will retract mistakes and the potential to intentionally or unintentionally intimidate or discredit honourable individuals! There must be those in North Lincs political and local government circles who dearly wish they could have drummed up the same intellect, calibre, integrity and political nous to have acted accordingly.

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[-]Comments hidden, click to expand. (1|0) By Hamst 2 years ago (1|0)Rated: Great!
I understand the reasons for altering the article although I never said the individual currently owned the property I wrote he onced own it. Read this link from Scunthorpe Telegraph 2008; http://www.thisisscunthorpe.co.uk/news/Legal-hold-restaurant-clean/article-552613-detail/article.html

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[-]Comments hidden, click to expand. (1|0) By Bill Cheetham 2 years ago (1|0)Rated: Great!
Hamst, From my part, I can assure you that no criticism of you or your article intended. Just being opportunistic! Keep up the good work.

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[-]Comments hidden, click to expand. (1|0) By Hamst 2 years ago (1|0)Rated: Great!
Cheers Bill, As I said in the article I never directly said that the property was currently owned by the said councillor, what I did say was he had once owned the property. I did however e-mail the councillor twice for a quote but he failed to respond. I do feel if a person gets elected to public office on the pretext they want to represent the local people and then choose to not repond to requests then they should be criticised, which is what I did.

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[-]Comments hidden, click to expand. (1|0) By Bill Cheetham 2 years ago (1|0)Rated: Great!
Thanks Hamst, yes entirely agree on your last point. In the absence of full, open and transparent information being given; the odd counter tactic of carefully drafted speculation and assumptions will hopefully and eventually flush out a defence and hopefully the full facts.

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[-]Comments hidden, click to expand. (1|0) By Bill Cheetham 2 years ago (1|0)Rated: Great!
Given that many residents and Telegraph readers repeatedly grab every opportunity on the ST website to submit negative comments about their doubts and concerns; and particularly to have a knock at the council's perceived motives and tactics in failure to deal with the Kashmir Gardens fiasco - before now!! I find it somewhat strange that the ST has not found fit to cover these latest developments?! Unless I have missed any ST article that has appeared in hard print in the last couple of days? Can any of you guys confirm either way on that one? Thanks. Keep up your good work!!

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[-]Comments hidden, click to expand. (1|0) By Hamst 1 year ago (1|0)Rated: Great!
Bill, the enforcement notice was issued on 1st November 2010 and was effective from 29 November 2010. The full enforcement notice can be read via this link; http://www.northlincs.gov.uk/AF/an/default.aspx/RenderForm/?F.Name=A0wvOsFB5Y9

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[-]Comments hidden, click to expand. (1|0) By Hamst 1 year ago (1|0)Rated: Great!
The full enforcement notice can be read via this link; http://www.northlincs.gov.uk/AF/an/default.aspx/RenderForm/?F.Name=A0wvOsFB5Y9 I should add, just select Section 215 in the drop down menu and click search, then highlight either of the bottom 2 then click search.

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[-]Comments hidden, click to expand. (1|0) By Kentour 1 year ago (1|0)Rated: Great!
What Is the latest on this enforcement notice on this property from 29/10/2010?,It Is now March 1st 2011,I see no action taken as yet?. WHY??.

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