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Anyone know what a planning enforcement order is?

1169 Views 3 Replies 2 Participants Last post by  Beena
I'm in the middle of a house move.My solicitor just told me that a land search done by the purchasers has shown up an "Enforcement order" on my property.I had an extension done 3 yrs ago and got all the certificates/approval etc so i'm a bit confused.
My initial application was for a double storey extension which got knocked back.Could this be what it means?.I'm a bit worried now because we were due to exchange exchange on Friday and my solicitior is not returning my calls :(

Ade.
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ourkid said:
I'm in the middle of a house move.My solicitor just told me that a land search done by the purchasers has shown up an "Enforcement order" on my property.I had an extension done 3 yrs ago and got all the certificates/approval etc so i'm a bit confused.
My initial application was for a double storey extension which got knocked back.Could this be what it means?.I'm a bit worried now because we were due to exchange exchange on Friday and my solicitior is not returning my calls :(

Ade.
Get a reference for the enforcement notice, then get on to your local planning authority (District council if you have one) and ask them to check what the notice refers to. It may well be that an action was started, then when they realised you had consent for the work you'd done, never bothered to deliver it. It might just be that it's not been cancelled. It may also be from before you owned the house, so have a think about any work that might have been done prior to you buying (if this is the case your original solicitor is at fault for not picking it up).

Thinking about it, just ring your planning enforcement team, and give your address, they'll be able to access the record quickly enough.

Let us know how you get on, I'll help more if i can.

Rob

Edit : where do you live?
Edit2 : to answer your initial question, and enforcement notice is served when something has been done which doesn't comply with a planning consent, hasn't got planning consent when it needs it. An enforcement order is then used to order a landowner to undo the offending work. You can appeal against them, but it takes time and will cost you some legal/consultancy fees, and time is not on your side at the mo.
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Many thanks Rob,

I've just spoken to the council and it is exactly as you said.The enforcement was never carried out because they realised that when my extension was downsized it fell within the 70m3 allowance so fell into a different category(if that makes sense).

thanks again,
Ade

(oh - from Ellesmere Port)
Cool,

make sure they send you a letter confirming there is no outstanding order.

Hope the rest of the move goes ok. :)
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