Following a lengthy debate with a LPA about their powers under Section 70C (to decline to determine an application), the applicant won the battle and the application now has to be validated (see my previous post re Localism Act). However, given that there is an enforcement notice on the site, the particular enforcement team leader felt it necessary to serve a 'Non compliance with an Enforcement Notice'. As far as I'm aware as long as a planning application is being considered and a true commitment is shown to address the LPA's reasons for refusal, that any enforcement action should be put on hold until a final decision has been reached (either by LPA or the Secretary of State in case of an appeal). When questioned the officer merely stated that 'The Council will conduct itself using its normal procedures, it would be for your client to make a case should this matter proceed to through to the courts for an adjournment. As such a site visit will be undertaken to assess whether the notice has been complied with and following this a decision will be taken with regard to the next course of action'. This seems really strange and against current planning law (please correct me if I'm wrong)? In addition the Notice itself refers to the wrong site address (to adjoining neighbours). Does that mean the Notice itself is invalid and can an appeal be made against such a notice? Again I get the feeling this officer is now frustrated to have been corrected and is acting unreasonable. I have already threatened with a JR and perhaps this would have to be the course of action. Any suggestions would be welcomed.
