A HOMEOWNER has escaped enforcement action after building a canopy on his property without planning permission - by detaching it from the building.

A lean to and canopy was put up to the rear of a home in Bournemouth Park Road, Southend without permission and subsequent retrospective applications were refused.

Southend Council issued an enforcement notice and a site visit was conducted and it was established that the structure has been altered by detaching the canopy from the existing rear extension.

The felt roof of the canopy was also replaced with a clear plastic roof and timber cladding was removed from the southern side.

Planning offers concluded the original breach had been addressed and called for the development control committee to close the case.

However, Martin Berry Labour councillor for St Luke’s Ward raised concerns. He said: “Even though the applicant in this particular case decided he was above the law and decided to completely ignore the enforcement notice there’s not been any action taken against him for that.

“Given that how it is now it is classed as permitted development, I think it’s shame that the guy has done this and has got away scot free. He’s put it back now to permitted development level so I’m not going to be churlish and vote against this recommendation.”

Mr Berry said the development had impacted a neighbour.

He said: “Significant harm has been done to his residential amenity. It’s a massive extension from how it used to be. It was putting his garden into shade. The neighbour, it was overlooking him. He couldn’t sit outside and do the crossword or use the garden during the summer because it was all in shade and he had the neighbours peering across the fence at him all the time.

“They built right up to his boundary wall. It was significant harm to his residential amenity and the neighbour did that with impunity. I’m not happy with it but I’m willing to let the matter drop.”

Carole Mulroney, Lib Dem councillor for Leigh Ward, said: “The fact that we close the case but don’t withdraw the enforcement notice means that should they go back to whatever it was before means that we can immediately reactivate it and take action.”

Councillors voted unanimously to close the case.