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Ivy Legal's Planning Enforcement Newsletter October 2019
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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,

This coming month we are looking forward to the NAPE conference in Peterborough which looks to be a conference worth attending. 

We have also had a few people express an interest in a 1 day course on Enforcement Appeals at our offices in London. We would like to understand if there is sufficient interest to host this early next year. Please let me know if you would like further information. 

 
Izindi Visagie 
                     izindi@ivylegal.co.uk 
 
High Court
 
  • A High Court judge has criticised a planning inspector for having "misapplied" the law in blocking council enforcement action against an illegal north London flat conversion. Article . See also our article in last month’s NAPE newsletter
 
  • The Royal Borough of Windsor and Maidenhead Council are seeking an injunction against Velolite café for cyclist meets. The trial is listed for the 19th of November 2019.  Article
 
Prosecutions
  • Developer and tree surgeon fined a total of £300k after prosecution by Swansea Council for  cutting down a historic Redwood Tree and ancient woods at Penellegare Valley.Article 
 
  • Wrexham Council secures 2nd conviction for breach of enforcement notice for failure to remove a caravan and polytunnel. Court imposed a fine of £2000 and costs of £200 awarded. Article

 
  • Broxtowe Borough Council secures conviction of couple for failing to reduce pond walls that were built too high and failing to removing concrete and artificial grass from their back garden. The couple were fined £20,000 and ordered to pay costs of £1,140 and a victim surcharge of £260. Article
 
  • Bexley Council prosecuted a homeowner and tree surgeon in Sidcup after cutting down a Sycamore tree that was protected by a Tree Preservation Order. The homeowner and tree surgeon pleaded guilty in the Magistrates court to carrying out works. The owner was fined £ 470 while the tree surgeon was fined £860. Article
 
  • Carmarthenshire County Council secures conviction of dairy farmer for failure to comply with planning conditions that include road works and drainage. Farmer was fined £1,000 plus costs, totalling £4,908.  Article
 
Gyspy /Traveller
 
  • Planning Inspector allows enforcement appeal against Fenland Council enforcement notice aimed at a small travellers site near Wisbech. Article
 
  • How Injunctions banning unauthorised traveller sites are impacting provision. Planning resource Article  
 
  • Wolverhampton Council is planning to build a £1 million transit site in the city to cater for up to 13 traveller families. Article
 
Appeals
  • A Brent landlord who claimed he had converted his property into an HMO and not self-contained flats is caught out by evidence showing the high level of housing benefit he had been receiving as rent payment. Article
 
  • Clacton Christmas wonderland attraction has announced its return while enforcement appeal is awaiting determination. Tendring District Council applied for a High Court injunction to shut the event down in 2017, which was unsuccessful. Article
 
  • Inspector  upholds enforcement notice against the use of a 10-bedroom Georgian mansion in the Warwickshire countryside as an ‘events venue’, after finding that late-night ‘screaming, swearing and loud music’ had disturbed neighbours. Article
 
  • Inspector upholds enforcement action against a moveable garden shed structure in Nottinghamshire Article
 
  • Bexley Council successfully stops the unlawful conversion of industrial buildings on Frasers road. The council won all 3 appeals and were awarded costs. Article
 
  • St Johns Wood house owner secures retrospective planning with Inspector determining that the pink paint used was ‘harmonious’ with its surroundings and ‘neither bright nor gaudy’. Article
 
  • Houseboat is not a dwellinghouse, says Inspector. Article
 
 
Other Enforcement
  • The St David's Hotel in Harlech is being demolished by the Snowdonia National Park Authority (SNPA) after being derelict for more than 10 years. Article
 
  • Yorkshire Dales National Park secures injunction against dairy farmer over ‘giraffe house’ shed. Article
 
  • Horsham District Council issues temporary stop notice to celebrity Katie Price to stop her unauthorised building works. Article
 
  • Perth and Kinross Council issues breach of condition notice on Persimmons Homes for failing to protect trees on the site during construction. Article
 
  • Adverts along the A127 will finally be removed By Basildon Council as they are considered a hazard and distraction to drivers. Article
 
  • Camden council is hoping the inspectorate will uphold its Enforcement Notice after the unlawful conversion of a pub into a shop. Article
 
  • White Stuff boss bids to save tennis court the subject of enforcement notice issued by South Hams District Council.Article
 
  • Hackney Council have successfully closed 78pc of 1500 historic cases that were still open. There are currently 752 open planning enforcement cases. Article
 
  • The landlord of the White Hart and Ring O’ Bells pub has been issued with a second on enforcement notice by North Devon Council for breaching planning condition at a former village pub. Mr Milton has appealed the decision. Article
 
  • South Northamptonshire Council has updated their Local Enforcement Plan toprovide ‘greater clarity’ on the planning enforcement process. This includes a new online form that will speed up the process through which breaches are processed. Article
 
  • Epping Forest District Council has had to apologise to a resident after they mistakenly served a planning enforcement warning letter despite Mr Sheikjk’s having planning permission. The council has retracted the letterand issued an apology. Article
 
 
Short term lets
  • A new episode of BBC Inside Out highlights the growing number of people making a business out of their tenancy via short-term rental platforms without permission from the landlord. Article
 
  • Oxford City council wants to introduce legalisation that would tighten regulations around short terms lets Article  
 
  • There is a growing issue with the misuse of Airbnb and short term lets in Cambridge in recent years. Short term and temporary rentals are having a big impact on the affordability and availability of housing.  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. 

Ivy Legal Limited is regulated and authorised by the Solicitors Regulation Authority and a private limited company registered in England, with Company Registration number 8408137.

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