Resolved: Action against irregular motorcycle repair shop

Resolved: Action against irregular motorcycle repair shop

Published January 13, 2025

The complaint

The Commissioner for Environment and Planning investigated a complaint regarding the lack of action against a motorcycle repair shop operating without a permit.  As a sanctioning application was under review by the Planning Authority, the investigation focused solely on the enforcement notice issued for ongoing irregular works at the site.

The investigation

The investigation revealed that the Planning Authority had issued a stop and enforcement notice addressing the unauthorized change of use from a shop to a motorcycle showroom and workshop.  Despite the continued irregular use, the Executive Chairperson failed to record this non-compliance in the relevant sanctioning application, contrary to the provisions of the Development Planning Act.  The Act mandates that the processing of such applications be suspended until the irregular activity ceases.  Furthermore, the Planning Authority did not impose daily penalties or fines, citing the submission of a trading license for the activity as justification.

Conclusions and Recommendations

The Commissioner concluded that daily fines are applicable under the regulations, as the Development Planning Act was breached by the continued irregular use following the issuance of the enforcement notice.  Notably, the enforcement notice was neither contested nor appealed.

The Commissioner recommended that the Executive Chairperson submit a report for any pending application, explicitly stating that the irregular use is ongoing, to ensure that any decision by the Planning Board or its delegate aligns with the Development Planning Act.  Additionally, the Commissioner advised that the Executive Chairperson enforce daily penalties and administrative fines on the Stop and Enforcement Notice in accordance with the applicable regulations.

Outcome

The Planning Authority accepted the first recommendation but opposed the second, arguing that the activity was being conducted legally under a valid trading license.  Nonetheless, the Commissioner expressed satisfaction that the Planning Authority imposed a significant fine tied to the sanctioning permit, which had been approved in the interim.