Enforcement overtaken by legislative change

An inspector declined to determine an appeal against an enforcement notice requiring the use of an internet café in southeast London as a café to cease, ruling that it did not fall to be considered.

The enforcement notice was issued on 14 March 2013. However, the Town and Country Planning (General Permitted Development)(Amendment)(England) Order 2013 came into force on 30 May 2013 and inserted a new Class D to Part 4 of Schedule 2 to the GPCO 1995. This stated that the change of use of an A1 use to an A3 use for a period up to two years constituted permitted development.

Therefore, planning permission existed for the same use as the alleged breach of planning control. In this light, the enforcement notice ceased to have effect and the appeal against the notice no longer fell to be considered.

The inspector recognised that where a temporary permission was granted, the prohibition contained in the notice did not revive upon the expiry of the temporary permission, Cresswell v Pearson [1997]. However, this did not prevent the council issuing a fresh enforcement notice once the temporary permission had expired.

Inspector Felix Bourne; Written representations

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