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Enforcement negotiation for outbuilding

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Plainview Planning have once again been successful in helping a homeowner  avoid enforcement action following an investigation at their property.

The London Borough of Newham were concerned that an outbuilding in the rear garden of a house was being used as a separate dwelling. There were also concerns regarding its size, design and impact on neighbours.

We stepped in initially by leading discussions with the enforcement department, turning a potential enforcement case requiring the demolition of the building, into an invitation to submit a planning application to regularise the situation. We did so, and forwarded sufficient arguments to support retaining the building.

Each site and case is unique, and careful consideration is necessary to ensure that the application is presented appropriately. We explored and utilised a wide range of resources including legal interpretation, case law and policy, through to detailed context assessments and personal circumstances.

We are experiencing ever increasing enquiries, especially in the London Boroughs (notably Ealing, Brent, Barnet and Harrow), relating to enforcement action against outbuildings. Much of the time, the requirements set out in any letter or enforcement notice go far beyond what would be reasonably required to remedy any breach of planning control (if it even exists).

The High Court has ruled that the enforcement procedure is intended to be remedial rather than punitive, and national planning policy guidance confirms that “Addressing breaches of planning control without formal enforcement action can often be the quickest and most cost effective way of achieving a satisfactory and lasting remedy”.

We work on your behalf to achieve the most appropriate solution in the most cost effective way – tailored to your particular circumstances. If you have an issue related to anything noted in the above article, get in contact with one of our enforcement specialists.