Recent content by -AndyH-

Appeals can be both costly and lengthy - neither of which are in a developer's interests. If it's a major planning application, then you're easily looking at spending 6 figures on an appeal and waiting 9-12 months (especially for a hearing or enquiry). Clearly if you can work with a LPA to...

You need to check the decision notice for the property. Simple things like discharging a pre-commencement condition are enough to trigger implementation of the planning permission and making it extant.

Costs can only be awarded if one side has behaved unreasonably and in the vast majority of appeals, costs aren't awarded. I've seen some truly shocking delegated reports by officers in the past where there were clearly policy reasons to reject an application, but they concoct some nonsense to...

Security is a planning consideration, especially where you can have large congregations of people or the proposed development is in a high crime area - https://www.gov.uk/guidance/design#crime-prevention and https://www.gov.uk/guidance/design#security-measures Have you checked the responses so...

Adverse possession would fail here because there was consent given to use the land by the original owners and it's only been 8 years since the property changed ownership. The leading case on consent and adverse possession is J A Pye (Oxford) Ltd v Graham [2002] UKHL 30, in which Lord...

Once an enforcement notice takes effect and the period for compliance has elapsed, then it becomes a criminal offence not to comply with the notice. The owner can then be prosecuted by the LPA and the potential fine is unlimited. The Courts will look at the financial benefit gained from the...

The owner is clearly taking the biscuit: The outbuildings would be used as storage for the adjacent dwelling. - I would gladly put money that within 6 months, the owner will be renting them out again.

I think the latter is what they are looking at. The problem is that the plot is now overdeveloped as the property takes up around 60%. The rear corner of one side of the property is only 3m from the border and the other corner is only 1.2m from the side fence. They should have removed PD...

The only chance to challenge the permission would be a judicial review and given the length of time that has passed since permission was granted, it is unlikely to succeed.

The only pre-commencement condition was on materials, which was discharged. The problem is as @wessex101 said, enforcement is a discretionary process. It would appear to me that the Council are looking for ways to avoid taking enforcement action.

Before After This is the resident's view (it's less than 30m to their properties and I believe 18m high) I've looked at the LGO. Unfortunately, they don't have any powers to force LPAs to take action which is why I'm looking at all possible means (including legal).

The bizarre thing is that the planning officer even said: The design looks horrible. It doesn't fit in with the area but we won't get far refusing permission on grounds of design. Interesting. I'll dig through the forum and see what I can find. One of the original objections was...

I believe most of them would be PD. The rear extension is questionable though without knowing the exact measurements. I read somewhere that the Council's could get extra funding to take enforcement action -...

Not sure if someone can help with this as I'm looking for case law/PI decisions, anyhow... A development with PP has breached planning conditions. The LPA have confirmed this, but they are unwilling to do anything about a number of the breaches as the developer is claiming that the changes are...

Cheaper way is to buy a dehumidifier - gets rid of the cold moist air. Worth a few degrees.