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

Temporary Permission granted after enforcement notice

Former Member, modified 12 Years ago.

Temporary Permission granted after enforcement notice

We have a site which is used as a buiders yard. Way back in the mists of time an enforcement notice was served to cease the use for that purpose and an appeal dismissed subject to minor variations. Two years after the notice took effect a temporary permission was granted to use the land for storage of building materials and site compound for a period of two years in connection with an estate to be built on adjacent land. There was a condition on the temporary permission that at the end of the temporary permission the use was to cease and the land to be returned to it's original condition. It has come to light that the site remains in use albeit on a more limited scale. The grant of permission for the same development wouild normally negate the effect of the enforcement notice. Does anybody have any ideas where there was an enforcement notice and the permission was time limited? Any comments
Former Member, modified 12 Years ago.

Re: Temporary Permission granted after enforcement notice

Once permission has been granted, the enforcement noitice ceases to have effect. The breach in this case would be a breach of the condition of the temporary permission.
Former Member, modified 11 Years ago.

Re: Temporary Permission granted after enforcement notice

This may be semantics but I question whether the planning permission was an answer to the enforcement notice. You describe the EN as attacking use as a builders yard, while the PP allowed use of the land for the storage of building materials. In the ordinary course of events I would see the former as a sui generis use while the latter would be B8. If you agree, based on the facts of the case, then the enforcement notice may not have lost effect. In the words of s.180(1), was the EN consistent with the PP? Otherwise, I agree with Alan.