The appellant sought advice and representation in relation to an enforcement notice issued by the London Borough of Hillingdon Council, alleging a material change of use of land for waste transfer, storage, and recycling activities. The land had been acquired in 2002 and subsequently occupied by various entities, including Southgate Civil Engineering Services, Silver Skips, EDS Grab Hire, and JIT Transport. These occupancies involved informal agreements and short-term licenses, with waste-related operations continuing over a period exceeding a decade. The enforcement notice, issued in November 2024 and effective from January 2025, targeted activities on part of the site and prompted a formal appeal. The appellant instructed Samuel Okoronkwo to advise on the legal position and prepare for inquiry proceedings.
The appellant challenged the enforcement notice on three statutory grounds under the Town and Country Planning Act 1990. Under Ground D, the appellant asserted immunity from enforcement action, arguing that the land had been used continuously for waste-related activities for over ten years, thereby satisfying the requirements of Section 171B. Ground F was raised to contest the proportionality of the steps required by the notice, suggesting they exceeded what was necessary to remedy the breach or its effects. Ground G addressed the time allowed for compliance, contending that the period specified was unreasonably short given the operational and logistical complexities involved. The central issue was whether the appellant could demonstrate uninterrupted use of the land for the relevant activities, supported by credible witness evidence and documentation, to meet the statutory threshold for immunity and challenge the enforcement terms.
Advice was provided on the procedural and evidential requirements for each ground of appeal. The appellant was guided on compiling a robust statement of case, including timelines, witness testimony, and supporting documentation. Strategic emphasis was placed on Ground D, with reference to relevant case law including Panton & Farmer and Welwyn Hatfield Borough Council. The inquiry process was mapped out, with deadlines for submissions and evidence preparation clearly outlined. The client was advised on the importance of demonstrating continuity and transparency of use, and on challenging the proportionality and timing of the enforcement steps. Further assistance was offered in preparing proofs of evidence and coordinating the inquiry timetable, with ongoing support leading up to the hearing scheduled for May 2025.
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