Enforcement notice null for omitting compliance period

An inspector declared an enforcement notice directed at an unlawful change of use of land for storage issued by a Yorkshire council to be a nullity.

The breach of planning control alleged in the notice concerned the change of use for the storage of shipping containers, trailers and associated vehicles and vehicle parts. The two requirements of the notice were one, to cease the use of the land for unauthorised storage, and two, to remove all storage containers, trailers and associated vehicles from the land edged in red on the attached plan within the next three months.

The inspector recorded that Section 173(9) of the Act identifies that every enforcement notice shall include the period for compliance but noted that the second requirement of the notice before him failed to identify a time. In the notice, a separate paragraph stated the time for compliance was “as identified above”, in a reference to the requirements of the notice. As the council had failed to specify an actual period of time within which the first requirement to cease the use of the land should be complied, the inspector held that the enforcement notice was a nullity and took no further action on the appeal.

Inspector: Alastair Phillips; Written representations

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