planning enforcement

planning enforcement

Postby johnglynn » Mon Feb 09, 2009 3:03 pm

I built an extension to a house without planning in 2000. Planning for house was granted in in 2000.
in 2001 an enforcement notice was issued
Nothing happened untill 2009 when an enforcement notice was re issued

The extension was specifically precluded under terms of 2000 planning

Under normal law statute of limitations would apply as follows 5 years of life of planning plus 7 years = 2012

However as the council were fully aware of nature of breach in 2001 could it be argued that they did not need to wait untill the expiration of the planning 5 year period to fully understand breach and hence statute of limitations would run from 2001 ie time up in 2008.

HELP please
johnglynn
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Re: planning enforcement

Postby henno » Mon Feb 09, 2009 3:17 pm

johnglynn wrote:Under normal law statute of limitations would apply as follows 5 years of life of planning plus 7 years = 2012


where did you hear that??

why dont you simply apply for retention and become plnning compliant instead of trying to find a convoluted way around it??

anyway, rumours around that legislation will be coming in shortly that will remove the statute of limitation on unauthorised developments, so you will still be non-compliant if this legislation is enacted.
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Re: planning enforcement

Postby corkblow-in » Mon Feb 16, 2009 2:58 pm

Johnglynn there is a provision somewhere in the Act that an unauthorised development that has been in existence for 7 years cannot be demolished, but it does not make it any less unauthorised and could cause legal problems later if you were selling etc. But I believe that the fact they issued an enforcement in the time means that you can still be prosecuted.

Keep us informed.
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