DC Casebook: Householder Development - Conservation area notice deemed invalid

A conservation area enforcement notice (CAEN issued by a Yorkshire council has been struck down after an inspector found that it is a nullity.

The notice alleged that natural roof slates on the front elevation of the property had been replaced with artificial slates. It required the reinstatement of the original slates within three months of the notice taking effect. The inspector noted that section 74(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 only provides for such a notice to be issued where the allegation involves the unauthorised demolition of an unlisted building in a conservation area.

Referring to the judgement in Shimizu (UK) Ltd v Westminster City Council [1997], he noted that any demolition must be total or substantial to be the subject of a CAEN. The removal of tiles did not fall into this category, he remarked. The correct remedy would be to issue a normal enforcement notice under section 174 of the Town and Country Planning Act 1990, he advised.

DCS Number 100-064-761

Inspector John Braithwaite; Written representations


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