Thanks to the advice of ET Planning, a Wokingham resident has been spared a costly appeal process, and he can stay living in his home.
The Wokingham resident made contact with ET Planning after being served an enforcement notice by Wokingham Borough Council. After reviewing the case, Director Ben Temple, contacted the Council on the client’s behalf and informed them that they had unlawfully served the notice.
The Town and Country Planning Act (section 171B) sets out that Council’s have a four year limit in which to take a ‘second bit at the cherry’ and issue an enforcement notice – in this case against the change of use of a land for residential occupation of a caravan. The Council unsuccessfully tried to prosecute an initial notice served 12 years ago, with defence from ET Planning. As the Council had taken 12 years to issue the second notice, it was not valid under the ‘Second Bite’ Provision.
This was welcome news to the homeowner as had he appealed the enforcement action, it would have cost in the region of £15,000. But thanks to ET Planning’s advice, the resident has been saved from both a costly and lengthy appeal process, and can also now stay in his home.
This case just shows how important it is to get independent planning advice. If you have been served an enforcement notice, please contact ET Planning for further advice.