Registers of Enforcement Notices

A little dry this one but try giving it a go.

One of last months blogs discussed our clients Enforcement Notice was quashed and permission granted for their small forestry building. Client called today for a quick chat.  Happy new year etc, which was nice. They asked what happens now? After reminding them of the conditions on the permission I said I'd make sure the Council had done its housekeeping.  

One of  many obligations on Planning Authorities is to maintain a register of Enforcement (and similar) Notices. In England Article 38 of the Development Management Procedure Order 2010 (as amended) and Wales Article 30 of the Development Management Procedure Wales Order 2012 apply. Perfectly understandable so that Environmental Information is freely and publicly accessible and as Statutory Notice, in place at the time of searches and the like. 

However where an Enforcement (or stop) notice is quashed as was the case here (in the case of England) Art 38(3) states:

All entries relating to an enforcement notice... shall  be removed from the register if— 

(a) in the case of an enforcement notice... the relevant enforcement notice is quashed...

Art 30(3) in Wales requires:

All entries relating to an enforcement notice...  must be removed from the register if—

(a) in the case of an enforcement notice, the relevant enforcement notice is quashed...  

Quashing, in plain terms means the notice is cancelled.  Its only right and proper surely then that entries relating to a quashed Notice are removed?  In Wales, it must be removed.  Cant be clearer than that can it?   Imagine then my surprise this afternoon, when in response to request for confirmation the Council email replied "the Inspector didn't quash the notice".   Erm sorry guys but have a look at the very first line of his decision...

So we now know the Council havent read the decision properly (or at all?).

Email continues "that the notice isn't defective and serves to illustrate the planning history of the property" and in its killer blow "in this instance we intend to leave the Enforcement Notice on the register"  Ive given them a week to remedy purposefully acting unlawfully.

It does however beg the question of how many other quashed notices are simply sitting on Registers never to be removed whilst someone unwitting, who has already had months of aggravation from the Council, ends up with a further battle.  Readers it pays to remain vigilant.