Editor's pick: Garden home demolition notice found flawed

An inspector has quashed an enforcement notice seeking demolition of a garden outbuilding in west London after finding the steps required inconsistent with the breach alleged.

The notice stated that the outbuilding was being used as a self-contained residential unit and required this to cease. It also required its complete demolition. The inspector noted that under section 173(3) and (4) of the Town and Country Planning Act 1990, a notice's requirements must derive directly from the allegation and can go no further than necessary to remedy the breach.

In her view, the requirement to demolish the building was inconsistent with the allegation, which referred to an unauthorised use of the structure. She was reluctant to correct the terms of the notice, because this could prejudice the appellant and change the focus of one of the grounds of appeal. Consequently, she held that the notice was defective.

Inspector: Susan Wraith; Written representations


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