6.01    310/05/085: Four Winds, Farley Common, Westerham

Following an appeal to the Enforcement Notice served on 10 June and subsequent letter from the Planning Inspector, the Development Control Manager explained that due to an incorrect paragraph in the Notice it was likely to be rendered a nullity. The matter had returned to the Committee at the request of the Local Member and with the approval of the Chairman.

The Committee was asked to accept the letter from the Planning Inspectorate, note the subsequent legal advice, withdraw the previous Enforcement Notice and issue a new Enforcement Notice with appropriate amendments.

The item was considered by the Committee as a matter of urgency in light of the information received and the requirement to respond to the appeal. A supplementary agenda was published and tabled for Members’ attention on 28 July 2011.

Resolved:      That

1)    the letter from the Planning Inspectorate and the subsequent legal advice be noted;

2)    the Enforcement Notice served on 10 June be withdrawn;

3)    an enforcement notice be re-issued omitting 5. c(iii); and

4)    the wording of the enforcement notice be subject to agreement with Legal Services.