As we all now know, we live in unprecedented times, and we are all having to adapt in one way or another. For its part, the Planning Inspectorate is busily exploring new ways of working and decision-making whilst adhering to the principles of fairness, openness and impartiality. In this context, we thought it might be useful to flag up a recent appeal against an enforcement notice which required the demolition, within twelve months, of an unauthorised house in Kent (DCS Number 400-025-508).
The inspector accepted that an uncertain situation currently exists with regard to COVID-19. Nevertheless, she reasoned that under s173A of the Act the council has the power to extend the time for compliance with the notice, commenting that it is, however, a purely discretionary power which is within the councils’ gift to exercise.
Stay home. Protect the NHS. Save lives.
Further information on extending the period for compliance with an enforcement notice can be found at section 4.5361 of DCP Online.