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Ivy Legal's Planning Enforcement Newsletter September2018
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Ivy Legal Limited is a law firm offering a revolutionary and simple approach to planning enforcement.

We do everything related to planning enforcement which is traditionally done by planning enforcement officers and solicitors. We work on a project basis, can assist with individual cases or advice. 

 


ENFORCE
Dear Sir/Madam,

We're kicking off October with presentations at the Trevor Roberts Associates Certificated Enforcement Course, NAPE's annual conference, TRA's annual forum and other events. Hope to see you there. 

This month the Local Government Ombudsman published guidance on how to stay out of our newsletter. See here.


 
Izindi Visagie 
                     izindi@ivylegal.co.uk 
NAPE News
  • The National Association of Planning Enforcement (NAPE) annual conference takes place in Birmingham this week.
 
High Court
 
  • A High Court appeal backs an Inspector’s decision over immunity decision. Judge Mark Ockelton QC  agreed with an Inspector’s decision which found that the material change of use in question was not in continuous use for the relevant period and so could not benefit from immunity.  The enforcement notice issued by Hertsmere Borough Council required the use of the side extension as a separate dwelling to cease. Judgment
 
  • Judge Andrew Grubb upheld an Inspector’s decision to dismiss an appeal against an enforcement notice issued by Spelthorne Borough Council.  The Judge agreed that there were ‘no very special circumstances’ justifying the retention of a private car park in the Metropolitan Green Belt near Heathrow Airport. Judgment
 
POCA
  • A family business that has been running their heavy goods business in breach of an enforcement notice has been convicted and ordered to pay back their ill-gotten gains.  Sitting at Leicester Crown Court, Recorder David Herbert QC found that the father and son team had knowingly breached the requirements of an enforcement notice issued by Central Bedfordshire Council and had misled officers in doing so.   The defendants, including the business, were ordered to pay a confiscation amount of almost £200,000, plus £34,500 in fines and legal costs, and a victim surcharge of £360. Article
 
  • An Uxbridge landlady has been sentenced in Isleworth Crown Court last month for ignoring an enforcement notice.  London Borough of Hillingdon prosecuted Ms Oke for failing to comply with an enforcement notice requiring her to revert her converted house back to a single dwelling house.  As she benefited financially from the additional flats while in breach of the notice, the Council instigated confiscation proceedings.  She was ordered to pay the sum of £118,173 gained from criminal proceeds, £5,000 in fines, and £12,000 in legal costs. Article.
 
 
Prosecutions
 
  • Business partners, Messrs Butt and Grant of a mechanic’s firm operating from illegal site in Burnt Oak, failed to explain their way out of court.  Barnet Council served an enforcement notice in March 2017 after it found that the business operated from outbuildings built without planning permission.  Both were found guilty for failing to comply with the enforcement notice and convicted in Willesden Magistrates’ Court. They were ordered to pay £4,500 in fines and costs, and a victim surcharge of £170. Article
 
  • Fermanagh and Omagh District Council prosecuted Derek and Dianne Kerr for failing to remove wooden decking at their property in compliance with an enforcement notice.  The Kerr’s were sentenced at Enniskillen Magistrates Court after they entered guilty pleas. Article
 
  • Uxbridge Magistrates founds home owner guilty of breaching an enforcement notice.  She was fined £7,500 and ordered to pay £2,000 in costs and a victim surcharge of £170.  Ms Kingra ignored Hillingdon Council’s enforcement notice which required her to demolish an extension and modify another. Both extensions were built without planning permission. Article
 
Enforcement Appeals
 
  • The new owner of a village green in Broughton Astley has lost his enforcement appeal, seeking planning permission to retain the 6ft fence erected around the perimeter. The Inspector found that  the unlawful fence which enclosed the once open area of land resulted in an unacceptable loss of open space causing “harm to visual amenity and materially altering its open character”. Article
 
  • Escape Hot Tub House owner in Washington Village loses her appeal against an enforcement notice issued by Sunderland City Council.  The enforcement notice requires Helen Goudie to stop using her property for holiday accommodation. Article 
 
  • An inspector dismissed an appeal against an enforcement notice issued against a storage locker at a convenience store in Leicestershire.  The appellants argued that the locker was not a permanent structure and therefore not development. However, the Inspector held that, due to its dimensions and  substantial degree of permanence it amounted to a building operation.  Article
 
  • Thurrock Council obtained an interim injunction for a site to restrict caravans and other residential structures from being brought onto the land. They succeeded in obtaining the injunction after a Temporary Stop Notice was breached.  Article
 
Local Government Ombudsman
 
  • The Local Government Ombudsman publishes guidance for planning practitioners. Guide
 
  • The Ombudsman found Redbridge Council was at fault for not considering additional evidence by a complainant after deciding that development at a neighbouring property was immune from enforcement action.  The Council was urged to reopen the investigation. Article
 
  • Camden Council served an enforcement notice without prior engagement with a developer. The developer appealed against the notice, but also complained to the Ombudsman who consequently found it not within its jurisdiction to investigate. Article   
 
  • The Ombudsman has stopped investigating a complaint by a family of travelling showpeople about an enforcement notice and the Council not providing suitable accommodation to accommodate enough hardstanding for three caravans and space to store their business equipment.  The complaint was not within the remit of the LGO.  Article
 
  • Teignbridge District Council has to pay a complainant £300 for unnecessary frustration and inconvenience suffered in pursuing an investigation.  The council was found at fault for unacceptable delays in dealing with planning breaches. Article
 
  • A report of financial remedies paid following Ombudsman investigations reveals the highest individual sum paid out by Gwent local authority.  The authority failed to consider the noise impacts of a development in a planning application and delays in the handling of the enforcement investigation.  Remedial payments awarded in 2013 amounted to £54,450. Article
 
  • Preston City Council was ordered to ‘properly’ consider its previous decision to not take enforcement action.  The LGO found the Council at fault for the way it decided that it was not expedient to take enforcement action. Article
 
  • The LGO found fault in the way the London Borough of Enfield handled a case. Officers told a complainant that a neighbouring development was permitted development, then not, then again that it was permitted development. Article
 
  • Devon Council ordered by the Ombudsman to apologise and pay £500 for destress caused by delays in investigating reported planning breaches.  Article
 
 
Other Enforcement Matters
 
  • Worthing Borough Council’s planning enforcement team’s use of s215 powers instrumental in saving significant historic building and regenerating area. Article
 
  • Sheffield City Council wins Planning Excellence award for its “Stuck Sites” project and how it has used legislation to bring forward brown field sites for development.  The council’s planning enforcement team worked with land owners and issued s215 notices to remediate derelict buildings.  Article
 
  • Central Bedfordshire Council has asked one of its residents to remove the dummy speed camera he installed at his property to deter drivers from speeding on the northbound A1. Highways England reported the matter to the Council saying that it could be distracting to drivers and cause accidents.  Article
 
  • Surrey County Council are warning schools that they face enforcement action if they continue to flout the conditions of their planning permission, which require them to submit travel plans. The travel plan set out the actions the schools will undertake to promote sustainable travel modes,  reduce the use of cars and improve road safety.  Article
 
  • A Donegal Country Councillor disapproves of council officers for sending 144 warning letters concerning unlawful advertising, believing it to be a waste of resources.  Article
 
  • Islington Council has issued enforcement notice requiring the demolition of a £4.65 million building in Clerkenwell which was built contrary to the planning permission. The owner disputes this and is appealing against the enforcement notice. Article
 
  • Brighton and Hove Council issued an enforcement notice requiring the owner of a Grade II* listed flat to remove large sections of modern refits and to reinstate these with original features. Article
 
  • Tameside Council is investigating unauthorised demolition works at a factory in Ashton-under-Lyne. Article
 
 
 
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This newsletter is not legal advice. The content of this newsletter has been collected from publicly available sources and Ivy Legal does not accept any liability for reliance on the information contained in it. 

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