Re: Re: retention – help!
My understanding is that enforcement notices are a precursor to the local authority taking the offending party to court. As legal proceedings are quite different to planning applications it could presumably be possible for enforcement proceedings to be thrown out by a Judge becuase of proceduaral deficencies etc. (I have seen an SC’s opionon on an enforcement notice in which he tore holes in it. )
Most people who are served with enforcement notices will lodge an application for retention. The application does not technically stop the proceeding but it is ulikely that a LA will go before judge with a decision on the defendant’s application pending. Frequently enforcement proceedings will stem from a complaint from a member of the public and in order to cover their arses the LA will issue a warning letter even though the unauthorised development could well be something that would secure permission if an application had been lodged.