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Ivy Legal's Planning Enforcement Newsletter December 2018
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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,

Happy new year to all our readers. Hope the year ahead is an effective enforcement year.

 
Izindi Visagie 
                     izindi@ivylegal.co.uk 
 
Prosecutions
  • A Coventry restaurant with a marquee has received an enforcement notice and the owner was prosecuted for failure to comply.  £12,000 fine and costs.
 
  • Three members of a family in Leyland have been prosecuted for failure to comply with a s215 notice requiring removal of junk from their back yards. 
 
  • Meanwhile in Llangoedmor, Ceredigion County Council successfully prosecuted four people for failure to comply with an enforcement notice requiring residential use of a timber store to cease and various caravans and other vehicles.  The judge imposed a whopping fine of £100 per offence. 
 
  • In Cheshire East, the “reckless vandalism” of an “outstanding” Grade 2* listed, Queen Anne country house merited 250 hours of community service and a small fine.
 
  • East Devon District Council obtained a £2000 fine and costs for failure to comply with an enforcement notice after converting an agricultural barn to residential use without planning permission. 
 
Proceeds of Crime Act proceedings
 
  • Brent Council has obtained a £322,282 confiscation order, a fine and costs for illegal conversion of properties to 18 flats.
 
  • On a roll, Brent obtained £244,367 in confiscation, fines and costs against a family of landlords who crammed 31 people into a 4 bed house and outbuilding.
 
  • And teaming up with Harrow, Brent and Harrow Councils obtained a £1.5m confiscation order. against a rogue landlord with a string of properties who failed to comply with enforcement notices
 
  • Barking and Dagenham obtained a confiscation order for £72,447 plus costs against a couple who crammed too many flats into their office conversion and failed to comply with the enforcement order. 
 
  • But Ealing still tops the league table of confiscation wins with its whopping £4.3m order in respect of a 2 flat conversion.
 
Judicial review
 
  • A local campaign group has threatened judicial review against the failure of Powys County Council to enforce against failure of a wind farm operator to discharge allegedly pre-commencement conditions.
 
Other
 
  • Golf club scores a double bogie by removing trees subject to a TPO to improve lake views from its clubhouse.
 
  • Sheffield’s officer recruitment woes make local headlines as enforcements drop.
 
  • Even billionaire Sheiks need permission for a 6ft fence around their Surrey estates.
 
  • A Doncaster Planning Enforcement Officer has publicly objected to his planner colleague’s decision to recommend conversion of a pub to a large HMO. 
 
  • On the Isle of Thanet, removal of an unusual arcaded shop front has been criticised by locals; the council’s planning enforcement department is investigating. 
 
  • In Glasgow, councillors have overruled planning officers who recommended approval of a retrospective application to retain a 6 flat conversion within a listed building.  The councillors, told that planning officers had concluded that the development was in accordance with the development plan, nevertheless decided that “our enforcement team will now consider what appropriate enforcement action to take”.  Lucky enforcement team.

 
Enforcement notices
 
  • A Scottish Borders party house has received an enforcement notice.  Reporters attempted to summarise appeal documents; let’s hope the inspector makes a better job!
 
  • Havering council has served an enforcement notice ordering demolition of homes built outside the planning permission covering an existing caravan site operated by “My Big Fat Gyspy Fortune” star Alfie Best.  An Inspector has upheld the notice on appeal.
 
  • Maldon council has ordered a caravan owner to vacate the site after a temporary permission expired.  Short of other options, the owner has attempted to plead his case on the altar of public sympathy.
 
  • Forest of Dean Council has enforced against a development which, as built, was “nothing like the one that was approved on appeal”.  It had too many houses, the houses were too high and the development encroached onto neighbouring land.  An appeal has been lodged and work continues on the site.
 
  • Barry District Council has issued a Breach of Condition Enforcement Notice against developers who failed to build a conditioned “district centre of shops, restaurants and cafes” prior to occupation of the residential units.  However, purchasers have been told by local councillors that no action will be taken against those who move into their new houses! 
 
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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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