Re: Part compliance- new enforcement notice required? - Public forum - Planning Advisory Service (PAS)
Open group
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Started - July 2012
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Last activity - Today
Re: Part compliance- new enforcement notice required?
Hi all, We're currently dealing with a property on which there is an extant enforcement notice against a COU of a single dwellinghouse to four flats. The notice requires the unauthorised use to cease, and the removal of all but one kitchen and one bathroom. Since the compliance date, the owners have combined two of the flats (and have removed one kitchen and one bathroom) resulting in a total of 3 flats. Can we prosecute against non-compliance with the extant notice, or would we have to serve a new one (ie. alleging a COU to 3 flats) and go through the whole appeal process again? To put it another way, should this be regarded as a new breach or as an existing breach already covered by an enforcement notice which has only be part-complied with? Any words of wisdom would be much appreciated, thanks!
Scott An enforcement notice has been served and is in effect. That notice specifies steps to be taken to comply with the notice. If those steps have not been taken, and the time for compliance has expired, then an offence has been committed for failing to comply with the notice, which can be prosecuted. No need to serve a new notice at all.
Hi Scott I agree with Alan. Your original notice hasn't been complied with in full, so you can prosecute for non-compliance.
Thanks both. I thoroughly agree with you, but I wanted to hear what people thought, as I'd heard advice to the contrary. I don't suppose anyone knows of any case law I can refer to? (I'm not sure this question would ever have been tested in court, as the answer seems obvious-- at least to me).