The client appealed a planning enforcement notice issued by their local Council in September 2024 concerning unauthorised development. The notice alleged operational development without planning permission, including three buildings, fencing, hard surfacing, and storage containers.
The client maintains that the structures were completed by April 2020 and are therefore immune from enforcement under the four-year rule. Supporting evidence includes statutory declarations, photographs, and testimony from a long-term tenant who resurfaced the area for business use. A prior application for a Certificate of Lawful Use was refused.
The site includes previously approved stables and equestrian land. The client contends that the land is previously developed and that the structures are consistent with the surrounding area, including a nearby industrial estate.
The appeal faces procedural and evidential challenges. No formal statement of case was submitted initially, and the planning agent failed to prepare grounds of appeal. The Council argues that the development harms the green belt and lacks “very special circumstances.”
A key issue is the allegation of concealment. The foundations were covered shortly after being laid, which the Council claims prevented enforcement. The client asserts that the area was let to a tenant who resurfaced it for car sales, unaware of the foundations beneath.
Counsel advised urgent preparation of a complete appeal bundle, including a statement of case, witness evidence, and supporting documents. Witnesses include contractors, tenants, and site managers. The client was advised to clarify construction timelines and avoid any suggestion of concealment.
Counsel agreed to represent the client at the case management hearing and inquiry, subject to diary coordination. The matter is now progressing toward a full hearing, with evidence being compiled to support immunity and rebut the Council’s claims.
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