We are about to issue instructions to make a s289 challenge of an Inspector's decision in relation to an enforcement appeal which swung on differences between the language of the GPDO and the Technical Guidance - the Inspector went with the Guidance on one matter, and disregarded the Guidance on another (in preference to the actual language of the GDPO), and then awarded costs partly on the basis that the LPA had preferred the language of the GDPO to the Guidance. I am unable to find a recent case of a s289 (or 288) challenge - does anyone have any experience with these in regard to the Permitted Development based decisions. Also the likely cost of proceedings ? - we have been quoted £1500 for the first stage alone !
