Decision details

To withdraw the Enforcement Notice issued on 21/04/2021 relating to land at Gundry’s Farm, School Lane, Three Legged Cross (ENF/17/0094).

This decision is taken under delegated powers set out in paragraph 145 of the Officer Scheme of Delegation. This paragraph provides delegated powers “To undertake all action in order to regulate any actual, perceived or potential breach of any of the Town and Country Planning Legislation including: … (d) to determine whether or not to amend and/or withdraw any notice”.

The Local Scheme of Nomination for Development Management includes delegation of these powers to the Service Manager for Development Management and Enforcement.

The Enforcement Notice, as issued, omits reference to caravan storage. This omission was in error. The Enforcement Notice has been appealed, and if the Council proceeds to defend the appeal and the Enforcement Notice is upheld, there is a risk that the caravan storage use could benefit from unintended planning permission, due to under enforcement. It is therefore considered that the best course of action is to withdraw the Enforcement Notice, with a view to issuing an updated notice, to include reference to caravan storage.

The alternative option would be to continue to defend the appeal. This is not considered the best course of action due to the risk of the caravan storage use then benefiting from unintended planning permission.

No members have been consulted.