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In the January 2010 Issue of Property Investor News
Planning Appeals
With the downturn of the property development industry, most local planning authorities are suffering from a lack of planning application income and have moved staff into the planning compliance/enforcement teams to keep them employed and to generate planning applications/appeals! We have seen a dramatic increase in the issue of Planning Contravention Notices/Enforcement Notices and the Planning Inspectorate has geared up for the resultant appeals.
This increased zealous approach is catching out many clients who are used to starting work to develop or change the use of property without the necessary consents in place first; amend what was permitted; buy property without permissions in place; or believe that as permission is no longer required, that the development is deemed to have consent and proof will not be required.
Firstly, unless it is a listed building, development including change of use without obtaining planning permission is not illegal. It is undertaken at the developer's risk and should permission not be forthcoming, the use/previous development may need to be reinstated, but only after an appeal is dismissed and enforcement notice upheld. Council compliance officers often do not explain this when attending a site and send out letters threatening action and demanding that work cease on site. Indeed, Stop Notices are seldom issued as this leaves the council open to compensation claims should planning permission or a Certificate of Lawfulness subsequently be issued.
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