sorry too quick to press enter !
Has anyone had a situation where the planning and enforcement notice on retrospective works has been upheld at appeal and then a new application submitted seeking retrospective permission again but with slight variations?
Background - works have taken place outside of the scope of an approved scheme in 2010. A larger balcony installed and patio doors leading out onto the balcony. Retrospective application refused - balcony was considered to have an unacceptable impact upon neighbours and the PVC patio door has an impact upon the character of the CA.
Enforcement notice issued requiring the removal of the balcony and door and reinstatement of the window opening. (by May 2017). Both planning and Enforcement notice were appealed and upheld by the Inspector.
Now a new application has been submitted which is seeking to modify the balcony in width and retain the patio doors but change them to timber. Whilst the LPA has the discreation to not accept a planning application where an Enforcement Notice exisits (Localism Act 2011) this has not be excecuted.
My query is should the application be approved does this remove the Enforcement Notice? and if refused does the Enforcement Notice take a back seat in the event of an appeal? I can't seem to find anything in the legislation for a second attempt so to speak.
