I wonder if anyone has any experience of serving an enforcement notice in cases where there has recently been a breach, but the breach has ceased by the time the notice was issued? An LPA may want to do this for instance where it was clear the owner intended to resume the breach. Part VII of the Act consistently uses the wording "where there has been a breach" (not "is"), but I'm not sure how significant this is. DCP makes reference (at 4.5312) to an appeal judgement which seemed to find there was nothing wrong with this approach, but doesn't include much in the way of detail. Any ideas?
