Enforcement Success

An enquiry or visit from a local authority Enforcement Officer can herald the arrival of all sorts of planning trouble. Frequently, they start with a formal request for information on what you are doing on your land, often using a Planning Contravention Notice (PCN) to gain more information. You are compelled to complete this. You may then receive an enforcement notice, (EN) which requires you to take action.

I had an approach from a new client who received an EN, as he had put up a new cattle building on a bare piece of land, well in view of a busy road. Let’s face it – he was naive.

The local authority (LPA) insisted that he remove the building, but he wanted to retain it, so we lodged a planning appeal. As his main business is non-agricultural, I had to prove such matters as the type and viability of his farming business (which had been on-going for 25 years); his farming credentials and many other matters related to his farming history. I also involved a planning consultant to deal with the legal issues raised.

You can imagine our surprise when we then received a contact from the LPA to say that they felt we had justified his position as a worthy applicant for the building, and that if we lodged a ‘normal’ planning application, they would approve it, and we could then withdraw the appeal! This we did, and he now has permission for his building, and he need not remove it, after all.

If you have a planning issue on your land that you wish to discuss, contact Charles at charlesholt@fcgagric.com or your local FCG Office.

Posted in Business Management, Lincoln, News.