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Ivy Legal's Planning Enforcement Newsletter October 2013
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Ivy Legal Limited is a law firm offering a revolutionary and simple approach to planning enforcement. We do everything related to planning enforcement which is traditionally done by planning enforcement officers and solicitors. 

We act on behalf of local authorities because we believe effective planning enforcement is essential to make the planning system work. 

ENFORCE

Dear Sir/Madam,

Welcome to ENFORCE, the first newsletter from Ivy Legal about planning enforcement for local authorities. It includes a selection of the latest planning enforcement actions taken by councils, highlighting successes and pitfalls.


If you would like to discuss ways in which Ivy Legal can help you with planning enforcement on a consultancy or project basis, I would be delighted to hear from you.



Izindi Visagie (Founder)

izindi@ivylegal.co.uk                                          
www.ivylegal.co.uk 


22 October 2013: Waltham Forest Council took direct action to demolish a building converted to a dwellinghouse without planning permission. In November 2012 the owner of the land was fined £500 and £1,000 costs for failing to comply with the council’s enforcement notice to remove the building.  See http://bit.ly/1fUKlvp  and http://bit.ly/1aFyTwl 
 
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18 October 2013: Cornwall Council obtained a conviction for erection of a residential building in open countryside without planning permission. An enforcement notice was issued in 2009 requiring the owners to cease the residential use of the building and remove the building and all associated structures and other domestic items from the land.
 
The couple initially pleaded not guilty at Truro Magistrates Court in August 2013, but later changed their plea to guilty. The couple were given a 12 month conditional discharge and ordered to pay £1,500 towards the Council’s costs.
 
Also see: http://bit.ly/17IdcuQ
 
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22 October 2013: Barnet Council obtained a confiscation order under the Proceeds of Crime Act 2002 for converting 2 houses into flats. The offender must pay £75,636 within six months, or face a custodial sentence of up to two years.

 
A planning enforcement notice was issued in February 2011 for an extension at the one property, requiring modification or demolition of the extension. An enforcement notice was served in February 2012 for the other property for conversion into 11 flats, requiring removal of the kitchen areas from all but one room and showers and toilets from all but two rooms.

The owner pleaded guilty to two offences for failure to comply with the Enforcement Notices and was also fined £4,000 for the planning breaches, £2,000 per offence and ordered to pay the council’s costs of £7,000.

See also http://bit.ly/18FILJp 

 
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21 October 2013: Three Cornered Piece gypsy camp in East Harting was cleared of widened access track to the land, sewage treatment works, an area of hard-standing and a concrete base. See also http://bit.ly/1fQrSA9 
 
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18 October 2013: South Hams District Council prosecuted a farm owner for failing to remove an outbuilding in an Area of Outstanding Natural Beauty, constructed without planning permission. The owner was also prosecuted for living in a mobile home on the farm without permission and was ordered to pay a £500 fine for each breach and £10,000 costs. The owner was first prosecuted in 2011 for non-compliance with an enforcement notice and was fined £200 and ordered to pay £150 costs. See also http://fw.to/GxhgBGT 
 
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October 2013: Motor racing enforcement notice found to be fatally flawed. In deciding to quash an enforcement notice alleging the use of land in Kent for motor racing an inspector concluded that the presence of great crested newts meant that compliance would be a criminal offence. He referred to the case of McKay v Secretary of State for the Environment, Cornwall County Council and Penwith District Council [2005] where it was held that if the recipient of an enforcement notice had to do something unlawful then he could not reasonably be said to able to comply with its terms and it was therefore a nullity. See also http://bit.ly/1eeaamI
 
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7 October 2013: Administrative Court determines that Enforcement Notice issued without proper delegated authority, does not constitute ‘purporting to take’ enforcement action for the purposes of section 171B(4)(b) of the Town and Country Planning Act 1990. See also  http://bit.ly/H5ST3W
 
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4 October 2013: Council authorises Injunction application against Cambridge car dealer for trading without planning permission. This is the latest in a saga that has been ongoing since 2005. See also http://bit.ly/17fyw0o
 
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2 October 2013: Calderdale Council prosecuted the director of a property development for partly knocking down the Grade II* listed barn in Northowram without consent. On 2 October the director pleaded guilty to the offence and his company was ordered to pay a fine of £3,000, plus costs of £1,000. See also  http://bit.ly/1gEQhKe
 
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30 September 2013: Harrow Council issues Enforcement Notice against Barnet FC for stadium's floodlights and west stand being built outside specifications agreed by the council. When the notice takes effect, the club will have six months to demolish the stand and three months to remove the lights at the Camrose Avenue ground. See also http://bit.ly/1bnxVLD
 
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This newsletter is not legal advice. The content of this newsletter has been collected from publicly available sources and Ivy Legal does not accept any liability for reliance on the information contained in it. 

Ivy Legal Limited is regulated and authorised by the Solicitors Regulation Authority and a private limited company registered in England, with Company Registration number 8408137.


Copyright © 2013 Ivy Legal Limited, All rights reserved.


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