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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

Enforcement notice - Does withdrawal ‘nullify’ the period of time served ?

Former Member, modified 14 Years ago.

Enforcement notice - Does withdrawal ‘nullify’ the period of time served ?

Any views or case law on the following would be welcome: When an enforcement notice is served it ‘stops the clock’ with regard to the 4 or 10 year rule whatever the alleged breach relates to If an enforcement notice is withdrawn by the LPA after service, where does the ‘clock’ re-start from ? A) Is it the date from that the notice was initially served ? Or B) Does the ‘clock’ re-start only from the date when the notice is withdrawn ? If the LPA had second thoughts and believed that may have made an error in serving the notice, why should the land owner be ‘penalised’ (i.e the missing months or years against the 4 or 10 year rule) if with option ‘B’ it would when the notice is withdrawn only ‘reset’ the clock back to the day the notice was withdrawn ? Natural justice would be to ‘re-set’ the clock back to the day the notice was issued – so the owner does not suffer any injustice from having a period of time ‘frozen’ or ‘de-barred’ from inclusion under the 4 or 10 year rule ? As I said any thoughts, views or case law welcome Cheers Don
Former Member, modified 14 Years ago.

Re: Enforcement notice - Does withdrawal ‘nullify’ the period of time ser

Don My thoughts are that the clock remains stopped at the time when the Enforcement Notice was first served, especially in view of s173A(4) which states that "The withdrawal of an enforcement notice does not affect the power of the local planning authority to issue a further enforcement notice." Alan
Former Member, modified 14 Years ago.

Re: Enforcement notice - Does withdrawal ‘nullify’ the period of time ser

Don I would have thought that once an enforcement notice is withdrawn, it is effectively deemed as having no validity, so the clock would never actually have been stopped. I am assuming that the notice would have been withdrawn for technical reasons such as an error in the dates or wording, or with regard to its service, thus rendering the notice invalid. I can see no other reason why a notice would otherwise be withdrawn, and that is why it is the discretion to re-issue is available. Any new notice, once issued and effective, would only "stop the clock" then. If you are right on the time limit on the 4 or 10 year rules, then it is vital that the enforcement notice is drafted correctly and properly served on all persons with an interest in the land to avoid the need for withdrawal. I am not aware of case case law though, this is just my opinion. Regards Iain
Former Member, modified 14 Years ago.

Re: Enforcement notice - Does withdrawal ‘nullify’ the period of time ser

From my understanding of Section 171B (sub section 4), you can have a "second bite" i.e. issue another Notice etc., within 4 years of the first one being withdrawn. There are a number of caveats to this of course - well, it is planning law after all(!) - and would recommend a long hard look at the commentary in the planning encyclopedia relating to this section of the Act. I'm sure we've all got loads of time to do this..........
Former Member, modified 14 Years ago.

Re: Enforcement notice - Does withdrawal ‘nullify’ the period of time ser

I agree with Nick. The ‘second-bite’ provision of s.171B (4) provides for further enforcement action to be taken in respect of the same breach within four years of the planning authority taking or purporting to take enforcement action. This means that even if the first notice is withdrawn the clock remains stopped for a further four years.