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I bought 15 acres of land in 2009 and sited on it a static caravan.
I have followed the plan suggested in ftf book to the letter.
However after three years of developing the smallholding I was landed with an enforcement notice stating I am in breach of planning control in respect of the siting of the caravan. I pointed out the engineering works were not completed and I should be allowed to use the caravan for five years until completion of works.
The planning officer said I was mistaken
I have only roughly outlined my position here in order to get to the crucial point that concerns me.
My planning appeal case has been put forward to the respective parties and subsequently I have had the planning inspector visit the site last week.
Today I have received notice to say the inspector has asked the planning authority to withdraw the enforcement notice and issue a second one as a mistake has been made on the original.
My question is do the planning authority have the right to issue a second enforcement notice?
I will be most grateful for your coments.
The following is a copy of the forwarded email I received.
From: Maxwell, Craig
Sent: 06 March 2013 12:07
To: planning.submissions
Subject:
Importance: High
I refer you to the above appeal; The Appointed Inspector has asked me to point out to you that it appears your council have under-enforced in this case, as the requirements of the notice do not require the unauthorised use to cease. Accordingly, once the caravan has been removed from the site, the notice will have been complied with and a deemed planning permission under Section 173(11) will exist for the mixed use defined in the allegation. The appellant could then bring another caravan onto the land and use it as part of the mixed use without fear of enforcement action.
Even if the Inspector found against the appellant on grounds (a) and ©, he would not be able to vary the requirements of the notice (as it now stands) to require the use to cease, without injustice to the appellant.
Did you intend to under-enforce in this case? If not, you should consider withdrawing the notice and re-issuing it with an alternative requirement.
Please can I have your comments as a matter of urgency.
Many thanks
Craig Maxwell
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Can LPA withdraw notice and replace with substitute?
Started By
Mack
, 14 Mar 2013 19:19
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#2
Posted 15 March 2013 - 08:04
Devon Cream
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Piglet
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#3
Posted 15 March 2013 - 11:53
Mack
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Chick
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#4
Posted 15 March 2013 - 14:05
shepie
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#5
Posted 15 March 2013 - 16:29
Mack
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Chick
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#6
Posted 22 March 2013 - 03:14
surreydodger
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#7
Posted 02 April 2013 - 14:18
Mack
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Chick
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#8
Posted 03 April 2013 - 08:11
Cornish Gems
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