Green Belt Building

dccantona1

Hi Received an enforcement notice 20 years ago for developing a barn into a home dwelling . After much wrangling with Local Authority they were legally unable to act upon it though they refused to remove the notice so Ive not been able to sell. However due to Local Plan changes my property is no longer on Green Belt and many applications from surrounding neighbours have started to gone in. I have spoken to the LA re retrospective planning but they tell me there is no certainty that this would remove my EO. Ive looked at Certificate of Lawfulness as it is over 10 years . Can I appeal to HM Inspectorate as the main reason ie Green Belt is no longer applicable or if I submit retro planning application can the Planning Committee grant permission and revoke the EO or just apply for Certificate of Lawfulness as it is no longer on Green Belt.

Section62

dccantona1 said:

Hi Received an enforcement notice 20 years ago for developing a barn into a home dwelling . After much wrangling with Local Authority they were legally unable to act upon it though they refused to remove the notice so Ive not been able to sell. However due to Local Plan changes my property is no longer on Green Belt and many applications from surrounding neighbours have started to gone in. I have spoken to the LA re retrospective planning but they tell me there is no certainty that this would remove my EO. Ive looked at Certificate of Lawfulness as it is over 10 years . Can I appeal to HM Inspectorate as the main reason ie Green Belt is no longer applicable or if I submit retro planning application can the Planning Committee grant permission and revoke the EO or just apply for Certificate of Lawfulness as it is no longer on Green Belt.

In a complex situation like this it is probably best to speak to a local planning consultant who has experience of working with that authority.

After so long I don't believe there is any effective appeal route against the notice. You need to be in a position where the LA would to want to withdraw it by choice.

A local planning consultant is likely to have the knowledge and/or contacts to get a feel for the path of least resistance with the council.

MobileSaver

Section62 said:

dccantona1 said:

Hi Received an enforcement notice 20 years ago for developing a barn into a home dwelling . After much wrangling with Local Authority they were legally unable to act upon it though they refused to remove the notice so Ive not been able to sell.

After so long I don't believe there is any effective appeal route against the notice. You need to be in a position where the LA would to want to withdraw it by choice.

I agree but can the OP expand on "legally unable to act upon it"? Was it eventually decided that developing the barn into a dwelling should have been allowed under planning laws at the time?

Are you trying to sell the barn at a barn price or as a home at a home price?

There's a fundamental principle of UK law that no-one should be allowed to "profit from his own wrongdoing"...

dccantona1

Complex Yes. Went to High Court. Cost LA £300K However Enforcement Notice stood as unable to sell as a home. Have asked for Enforcement Notice to be overturned as the area is no longer designated Green Belt by LA themselves !  Wish to do this 1st as Retro Planning could result in additional delays. Planning expert and potential legal costs wish to avoid as does the council.