Enforcement Notice Reference ENF/0615/19, dated 25th April 2019
Received: 28 February 2020
Re Enforcement Notice Reference ENF/0615/19, dated 25th April 2019
Land at Hippodrome 3 North End Road London NW11 7RP,
The above re-served Enforcement Notice, served on the users of the above building, states at Section 3. that the breach of planning control is the breach of a specific condition:
3. THE MATTERS WHICH APPEAR TO CONSTITUTE THE BREACH OF PLANNING CONTROL
Use of the land as a cultural centre, not comprising use as a church, to hold concerts, conferences, drama and dance festivals, in breach of condition 2 of planning permission reference C00222W/07, granted on 9 May 2007.
My questions are:
1. Why was an Enforcement Notice issued in respect of this breach of condition, and not a Breach of Condition Notice?
2. Which body or individual recommended that an Enforcement Notice be issued and not a Breach of Condition Notice? On what justification?
3. Were any Councillors consulted on the decision to issue an Enforcement Notice be issued and not a Breach of Condition Notice? If so, which Councillors? If in writing, please supply copies of that communication.
4. Was the decision to issue an Enforcement Notice issued and not a Breach of Condition Notice made pursuant to any committee meeting or other meeting at the Council? If so, please supply copies of any minutes or notes taken.
5. In particular, what consideration was given to the fact that issuing an Enforcement Notice might invite an enforcement appeal, whereas a Breach of Condition Notice would permit no right of Appeal to the Planning Inspectorate?
Central government planning guidance, 'Enforcement and post-permission matters; Responding to suspected breaches of planning control.' states that a Breach of Condition Notice:
'… may also be served in addition to an enforcement notice, perhaps as an alternative to a stop notice, where the local planning authority consider it expedient to stop the breach quickly and before any appeal against the enforcement notice is determined.'
The planning guidance which preceded this, Annex 4 of Circular 10/97, 'Annex 4: enforcement of planning conditions: the breach of condition notice', stated at paragraph 4.6 that a Breach of Condition Notice:
'… may also be served in addition to the issue of an enforcement notice, perhaps as an alternative to a stop notice, where the LPA consider it expedient to stop the breach quickly and before any appeal against the enforcement notice is determined, because, for example, it is causing serious environmental harm, or detriment to amenity or public safety. It is particularly apt for use where a valid planning condition has clearly been breached and the salutary experience of summary prosecution (or the threat of prosecution) seems likely to compel the person responsible to comply with the condition.'
My further questions are:
6. Will the Council now issue a Breach of Condition Notice, before the current Enforcement Notice Appeal is determined?
7. If not, why not? In particular, why is it not expedient to stop the breach quickly and before any appeal against the enforcement notice is determined?
8. Which committee or other meeting of the Council will decide whether or not to do so? What measures will be taken to make sure that interested local parties can make their representations to the appropriate body before this decision is taken?