Residential Chalet immune from Enforcement Action

Our client was served with an Enforcement Notice (EN) alleging that he had constructed his chalet (his home) within the past 4 years without the benefit of planning permission. He was asked to ultimately pull down the family home which would have devastated the client and his family. He sought the advice of Owen Devenport prior to the Enforcement Notice being issued and the client was advised to amass evidence to prove that the building had been substantially completed more than 4 years ago and thus make it immune from Enforcement Action by the Local Planning Authority.

This resulted in an appeal against the EN which had to be dealt with by means of a Public Inquiry. Such was the mountain of evidence we had gathered this one day Inquiry turned into a three day Inquiry. The evidence in support was considered consistent and true and our client was supported at Inquiry by a Barrister from King's Chambers in Manchester - instructed by Owen Devenport Ltd.

In his decision the Inspector gave substantial weight to the appellant's evidence which "paints a consistent picture" . He went on to state that the appellant's evidence was sufficiently precise and unambiguous and that the Council's evidence was such that it did not undermine or contradict that put to the Inquiry by the appellant's team.

A truly relieved and delighted client (and his family) received the decision, quashing the EN stating that it was too late to pursue Enforcement action and so the building as a dwelling house can remain. This was a protracted and sensitive case which had far reaching repercussions not only for the appellant but also for the Council.