The client sought urgent advice following expiry of a compliance deadline under an enforcement notice issued by Wakefield Council. The site, acquired in August 2019, is used for on-site concrete mixing and includes a residential dwelling occupied by the client, who is paraplegic. The property spans just under an acre, with half used as a yard, and supports a business turning over £3.4 million annually with 25 local employees. The client had understood the site had planning consent for residential conversion but no development was commenced. The enforcement notice required demolition of a 6x6m structure and cessation of operations. The appeal was made under a single ground and is now out of time for judicial review. The client had not previously instructed legal counsel and was unaware of the risk of prosecution. The council had refused proposals to repurpose the structure and designated the site as green belt.
The client faced imminent risk of prosecution for breach of planning control. The appeal was limited and deadlines for further legal challenge had passed. The planning history was complex, and the client’s personal circumstances were relevant but not determinative. The challenge was to engage the council constructively to avoid enforcement action while exploring temporary relocation and long-term planning alternatives. The client expressed reluctance to relocate due to cost and personal hardship, and had only just begun contacting agents to assist with relocation.
Advice was given to urgently write to the council requesting an extension of time to comply, citing hardship and active steps toward relocation. The client was advised to provide agent details to chambers to support the correspondence. Strategic guidance was offered on the risks of prosecution, the limitations of judicial review, and the need to demonstrate good faith compliance. The client was encouraged to explore planning contributions under section 106 and consider future residential applications to maximise site value. A holding letter was proposed to buy time and reposition the client’s engagement with the council.
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