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Planning Law - Enforcement Notice


Wheels60
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Hello All,

 

I reside in a property which has an old Enforcement Notice from 1996 for breach of planning conditions against it. Council are NOT taking action against me at the moment, but the threat is always there in the back of my mind.

 

After considerable research I think I have discovered that it was invalid as being "Out of Time" at date of issue. This view is upheld by recent decisions Council have made for other properties here on the same site where the occupants were contravening the same planning condition, but Council accepted that it was too late to Enforce against them and granted "Certificate of Lawful Use" for residential occupation.

 

My problem is that Council say that even if I get the old Enforcement Notice removed, I will have to wait 10 years from the date it was removed in order for it not be used as reason for automatic refusal of an application for a "Certificate of Lawful Use for Existing Development". Can anyone advise.

 

I would have thought that once an Enforcement Notice has been removed as "Invalid at Date of Issue", it should be as if it never existed and cannot therefore be used as reason to refuse anything.

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My advice is: Don't rock the boat!

 

Leave things as they have been for the past 20 years.

 

If you ever have to sell the house you can get an indemnity insurance for a couple of hundreds.

 

most councils do not enforce any alteration older than 6, 8 or 10 years (this seems to be your case).

 

After such time you need to do nothing.

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King12345

- Appreciate your advice and would have followed it,

BUT,

the same Council took me to Court and lost when they tried to evict me back in 2005.

 

Even after that they held that the Enforcement Notice is still valid.

It was only after the same Council actually granted permission for another plot on the same land without holiday use only conditions,

AND accepted applications from others on the same land to lift the holiday use only condition

(as to enforce now would be outside the time limit allowed), I thought I should try again.

 

Especially after having discovered that the Enforcement Notice on my property was issued out of the time limit,

under the same rule as was accepted for other properties here,

 

I asked about getting mine removed so that I could similarly apply.

It was then that they told me that even if it was removed,

I would have to wait another 10 years from the date it was removed

- can't be right, can it?

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