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.
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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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Keep us informed.
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