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Planning Advisory Service (PAS)
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Breach of Conditions - what notice to issue.

Former Member, modified 15 Years ago.

Breach of Conditions - what notice to issue.

Planning permission has been granted for a change of use to a restaurant subject to several conditions, two of which are: 1. The development shall not be brought into use until a scheme of sound insulation of the restaurant has been submitted to and approved in writing by the LPA and thereafter implemented in accordance with approved details........ 2. The use shall not commence until details of all roof plant and noise attenuation and insulation measures to such plant have been submitted to and approved by the LPA and only details thus approved shall be implemented in full accordance with the approved plans before first use/occupation of the premises..... The conditions were not discharged and the restaurant use has commenced. Details were submitted retrospectively, but were refused. The LPA wish to enforce the breach of conditions. Has anyone had a similar experience? If so what type of notice(s) were issued and why? Also what were the requirements of the notice(s) and was it subject to appeal?
Former Member, modified 15 Years ago.

Re: Breach of Conditions - what notice to issue.

Sally. Without doubt a straightforward enforcement notice with the allegation being without planning permission the matarial change of use of the premises to a restaurant (by reason of the breach of the conditions if you want ... although not absolutely necessary). Both of the conditions are written so as to prevent the development from commencing utill the conditions have been complied with (see Bedford v Murzyn [2008] on bailli web-site). I had an identical case many years ago in the Lake District and we on on appeal. If the harm being caused by the breach of the conditions is significant you should also consider a stop notice on the back of the enforcement notice. Let me know how you get on! Mike Hyde (www.mhplanning.co.uk)