planning enforcement magistrates court summons (need urgent guidance)

[jayb1970]

The appeal case could have been better?

But again due to the enforcement it had to be done pretty quickly.

 

[jayb1970]

Isnt it 4 years until the council have to remove the extension? From time of enforcemnt?

Is there a possibilty i Can actually drag this case on for another year?

 

[^woody^]

Is there a possibilty i Can actually drag this case on for another year?

You're clutching at straws.

The council has 4 years to take enforcement action not complete it.

As for no extension being taken down near to you. Why do you think that the council would bother taking this to court if not to remove the unauthorised extension and serve as an example to others who might want to flout planning law?

You can only appeal to higher courts on a point of law.

 

[angelboy]

I'm quite amazed that not only are you at this stage and so unprepared but also you're asking for free advice on a forum in the hope that someone will give you the golden ticket.

Search 'planning enforcement solicitors' and speak to a professional, right away.

I will point you into another forum that might help you better, if only for them to confirm the same.

http://swarblaw.co.uk/viewforum.php?f=6&sid=40a0988152b9cb55fe5d13a48140a605

Good luck.

 

[jayb1970]

Hi, yes i am doing, but in the meantime all the information you lovely people are giving on here will also help me too.

 

[chappers]

The problem is that no advice on here is going to help you in court. Find yourself a lawyer, who can at least try and get the case adjourned for you, so you can investigate your chances of winning this case.
To be honest if you have already gone down the route of appealing a decision, and failed I wouldn't hold out much hope, appeals are usually taken out of area where they are assessed purely on their conformity to planning policy.
But be under no illusion the council will enforce the removal of your extension if they win the case and will rip it down themselves if necessary, at your cost, which could run into tens of thousands of pounds.

 

[jayb1970]

Yes im on with finding a lawyer, have a few numbers ready, if i cant i will have to defer the case?

Until i can get some legal advice.

 

[Nakajo]

You're still here then.

 

[noseall]

if i cant i will have to defer the case?

Is it yours to defer?
You mean you will request or ask surely?

 

[tony1851]

If he was ill - say by faxing a doctor's note to the court - they would be duty-bound to defer it.

 

[garyo]

If I were you I'd give that farmer a call to get some tips... the one that built a castle inside a heap of straw bails. He seems to have strung-out his enforcement action by ten years.

 

[angelboy]

If I were you I'd give that farmer a call to get some tips... the one that built a castle inside a heap of straw bails. He seems to have strung-out his enforcement action by ten years.

How can we be sure the OP isn't that farmer?........

 

[Nakajo]

Didn't do him much good though!

 

[jayb1970]

its only a 3 meter extension not a castle, see what happens anyway will keep you guys posted

 

[freddiemercurystwin]

If he was ill - say by faxing a doctor's note to the court - they would be duty-bound to defer it.

And if he's not actually ill a possible conviction for contempt of court to boot should it come to light .....