This matter concerns a planning enforcement notice issued by Brent Council regarding a 2.1m front gate and fencing installed without permission. The client, who lives with and cares for elderly parents, installed the structure in December 2024 due to safety concerns arising from family conflict.
The property was gifted to the client by his father in 2020. His siblings have allegedly pressured the parents to divide their inheritance and engaged in threatening behaviour, including criminal damage and coercion. One sibling was temporarily banned from visiting by a social worker.
The enforcement notice was issued on 2 April 2025, requiring removal by 23 April. The client misunderstood the communication process, relying on his son’s email and expecting a council reply.
The structure exceeds the 1m limit under the Town and Country Planning Act 1990. The council is unlikely to grant retrospective consent.
The client’s justification—protecting vulnerable parents—may not meet planning criteria. Without a will, the siblings may have equal entitlement under intestacy rules. The client holds power of attorney but has not activated it. The siblings have contacted the Office of the Public Guardian and attempted to influence decisions regarding overseas assets.
Counsel advised that the client must either comply or appeal. Given the lack of precedent, success is unlikely, but appealing preserves the right to challenge. Counsel agreed to contact the enforcement officer to explore compromise options, such as modifying the structure to permitted development standards.
The client was advised to take photos of similar nearby structures and consider a revised application. An architect may be needed to prepare plans, and Counsel’s chambers may assist with referrals.
On inheritance, Counsel urged the parents to execute a will to avoid future disputes. The client was advised to consider legal steps to deter harassment and liaise with police and social services where appropriate.
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