Planning Enforcement Appeal Victory Against Maldon District Council
We are delighted to have successfully won an appeal against an enforcement notice issued by Maldon District Council in Essex.
Background of the Enforcment Case
The enforcement notice, issued by Maldon District Council, alleged that our client had breached planning control through the unauthorised use of the lakes on his land for informal recreational fishing.
The notice demanded that the use of the land for fishing cease within one month. However, we firmly believed that this enforcement action was not only unjust but also unfounded.
An enforcement planning appeal was then made under section 174 of the Town and Country Planning Act 1990. The grounds for the appeal focused on the argument that the alleged use had been ongoing for a sufficient period to be immune from enforcement action under the law.
Our Strategy and Evidence
From the outset, our approach centred on demonstrating the long-standing use of the lakes for recreational fishing, which predated the enforcement notice by many years.
We submitted a substantial body of evidence, including:
Statutory Declarations: These declarations, made by past and present landowners and regular users of the lakes, detailed consistent use of the land for fishing dating back as far as 1978. The declarations provided a robust and coherent account of the land's use over several decades.
Correspondence Records: We presented correspondence between our client and the Council from 2012-2016, where the Council clearly acknowledged the use of the land for fishing and suggested a common awareness and acceptance of this use by the Council.
The Council's Position
The Council asserted that the material change of use did not occur until around June 2020.
However, the Council failed to provide substantive evidence to support this claim. No detailed records from the enforcement investigation were submitted, nor was there any significant rebuttal to the evidence presented by the Appellant.
The Enforcement Planning Decision
The Planning Inspectorate found in favour of our client, concluding that the use of the lakes for informal recreational fishing had been continuous for at least 10 years prior to the enforcement notice, thus granting it immunity under Section 171B(3) of the Town and Country Planning Act 1990.
The Council’s lack of substantive evidence and insufficient prior investigation were significant factors in this decision.
Planning Appeal Costs Award
Additionally, a full award of costs was granted to our client.
The Planning Practice Guidance (PPG) indicates that costs may be awarded against a local planning authority that has behaved unreasonably, resulting in unnecessary expenses for the appellant.
The Council's failure to conduct a diligent investigation and lack of engagement with the appellant before issuing the notice were deemed unreasonable, justifying the award of costs.
Contact Us about your Enforcement Notice
We are delighted with this enforcement appeal outcome. This victory not only protects our clients rights but also highlights the importance of fair treatment and due process in planning enforcement cases.
If you have received an enforcement notice and need expert advice, we are here to help. Our team of experienced planning consultants can provide guidance and support through the enforcement appeal process.
Contact us today via mail@adpltd.co.uk or by using the form below to discuss your case and explore your options.
