Through the RTPI Planning Aid service, I am helping a couple who have been served with an enforcement notice against the placing on land of a mobile home which they are living in. They are well into the appeal process and a day before the site visit took place they recieved a letter from The Planning Inspectorate saying that the LPA has discovered that they made an error in not realising that the site lies within a conservation area. In the appellants second statement, they responded saying it was too late to introduce a totally new issue at such a late stage that would be to the prejudice of them and their supporters. If the LPA persisted, then the EN should be withdrawn and re-served. The inspectorate is saying that they have a duty under Section 72 of the Planning (LB&CA) Act 1990 to have regard to this issue in the determination of the appeal and is giving the appellant 14 days to comment. I noted this ommission from the beginning. The LPA justification report for taking enforcement action and the enforcement notice itself does not refer to the CA in the text or in the policy section. When the LPA started to raise it in their statement, we responded by saying its absence from any document was taken as in indication that it was not a "contested issue" and was not seen as a consideration in the appeal. The appellant does have support from some of their neighbours who have written to the inspectorate. Obviously they made their comments unaware that the conservation area was an issue. Leaving aside the "unfortunate" actions of the LPA in this case, the question is, although the enforcement papers and the enforcement notice do not refer to the CA or the associated policies, can the inspectoarate introduce it off their own initiate at such a late stage without prejudicing the appellant or their 3rd party supporters? I have a few ideas on how to advise the appellant but has anyone faced a similar situation from either the LPA or appellants perspective and what was the outcome? Thanks.
