Enforcement Notice, planning not implemented - Public forum - Planning Advisory Service (PAS)
Enforcement Notice, planning not implemented
andy plan, modified 6 Years ago.
RE: Enforcement Notice, planning not implemented
Enthusiast Posts: 25 Join Date: 22/03/13 Recent PostsHi Evan - need more info. on background to this.
From what you say, it sounds as if the EN was issued in anticipation of development taking place? That can't be right.
- What does the EN allege in terms of unauthorised development?
- Did the EN come into force after it was issued or was it complied with?
- Is it a "proper" EN or Planning Contravention Notice?
Andy
Hi Andy. Originally it was a PD from office to dwelling as the planning unit was originally a police house which had a COU to offices for police station then they sold it off at auction. We sbmitted the PD notice using the relevant date that it was offices and the LPA siad "no it isn't an office" so we applied for COU to dwelling expecting a S106 local occupancy from the LDNPA but they had switched their SPD to 'conditions' for local person or armed forces personnel (yes, armed forces personnel) when they aren't a housing authority. In the officer's report it said the lawful use was offices so we went down the lawful use route but the client was getting fed up and advertised it as a holiday let but no lets took place because they slapped the EN on it even though the use was now lawful but PINS were messing about. Planning has now lasped.
It all seems so Kafkaesque....
andy plan, modified 6 Years ago.
RE: Enforcement Notice, planning not implemented
Enthusiast Posts: 25 Join Date: 22/03/13 Recent PostsHi Evan - thanks for that but I'm still a little(!) confused and the sequence of events might be very important in all of this. The LPA's contradictory rulings whether the building was used as B1 offices or not are not explained but could also be critical - whether the LPA's reasoning was right or not is probably a moot point now.
It would appear that the Council took the view that advertising the property as a holiday let triggered the Council to allege unauthorised residential use (whether in its own right or possibly as a breach of an occupancy condition?). Presumably, the building must have been converted/adapted from it's B1 Office Use to be capable of residential occupation as a holiday let or dwellinghouse?
Sounds like this will come down to "fact and degree" as a matter of law whether a material change of use had occured from B1 office (or else some other, unspecified use) to use as a holiday let (or dwellinghouse) in such a way for there to have been a breach of planning control.
Can you clarify if the EN has come into force or whether a valid appeal (you mention PINS) has been lodged against it? If the EN has not been appealed and has come into effect then there is going to be difficulty sorting this out although the Council still has to consider if it is expedient to take enforcement action in accordance with teh EN of course. Maybe the route is to tackle the occupancy conditions (or is that the permission that has expired?) and build up a case to argue why the EN should be withdrawn. Without knowing more about the EN it's difficult to comment.
Andy