Enforcement appeal success allows retention of Green Belt building and award of costs to Appellants

The Tyler-Parkes Partnership is delighted to announce that, following a two day Public Inquiry in November, where our Director Alan Tyler appeared as our Expert Witness, a Government Planning Inspector has varied an Enforcement Notice to allow our clients to keep their outbuilding as constructed, as well as a driveway and access. At the same time, the Inspector agreed with our claim for costs on behalf of the clients, determining that the Council had acted unreasonably on many grounds and that the Public Inquiry could have been avoided if they had not done so. He granted a partial award of costs in the clients’ favour.

By way of background, a local Council in Worcestershire had served an Enforcement Notice on our clients requiring them to demolish a building that the council considered had been built as an independent dwellinghouse in the Green Belt. The Enforcement Notice also required the removal of an access, driveway and fencing. Tyler-Parkes argued that the building had originally been built as an outbuilding to serve the main house but had subsequently been used as a dwellinghouse by family members.

We argued that the Enforcement Notice was incorrectly worded as the building had not been erected as a house and that to require the demolition of the building would be excessive. We also argued that elements of the other development on site were either permitted development, were not development requiring planning permission, or had been there in excess of the time limit required to make them immune from the council taking enforcement action. Whilst not allowing the continued occupation of the building as a dwelling, the Inspector largely agreed with our case and varied the Enforcement Notice accordingly.

Please do not hesitate to contact us if you have an enforcement issue you would like advice on