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Order to rebuild - brick for brick - planning enforcement

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Order to rebuild - brick for brick - planning enforcement

Postby diy » Wed May 06, 2015 9:43 am

I'm not sure if this was local news or national news, but a 1920s pub in London hit the news recently as it was being considered for listed building status when the new owners who had unsuccessfully applied to demolish it and build flats, went ahead and knocked it down anyway. They have now been told to rebuild it to its exact state prior to demolition.

I really can't see the firm doing that and a little check on companies house suggests they may well liquidate the firm to avoid the likely huge cost of the work.

Can the council go after the directors in the criminal courts if the enforcement is ignored? It would seem the teeth of enforcement is that your asset is worthless until its compliant as any future purchaser has to factor the cost of the rebuild.

Just curious as to if this pub will end up rebuilt or remain a pile of rubble for years to come.
My suggestions are not legal advice
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby atticus » Wed May 06, 2015 9:44 am

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Re: Order to rebuild - brick for brick - planning enforcemen

Postby diy » Wed May 06, 2015 12:42 pm

oops :o I had to read the "gross receipts" bit twice.
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Michael » Sun Jul 12, 2015 4:53 pm

They can always appeal the enforcement notice under one of the grounds of appeal below. As it wasn't actually listed F may be an appropriate

a. "that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;
b. that those matters have not occurred;
c. that those matters (if they occurred) do not constitute a breach of planning control;
d. that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;
e. that copies of the enforcement notice were not served as required by section 172;
f. that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;
g. that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed."
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Smouldering Stoat » Sun Jul 12, 2015 5:11 pm

Surely in this case, the rebuilding of the pub was necessary to remedy the breach of planning control? Anything less would permit the developer to benefit from his misfeasance.
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Michael » Sun Jul 12, 2015 5:47 pm

Forcing them to rebuild may be an acceptable action up to a point.

This building however was an unlisted building and the council are trying to go much further and want to force them to rebuild it brick by brick so it forms an exact replica of the previous building ,inside and out .

Trying to force them to replicate an unlisted building inside and out so every detail replicates the original seems to me to be a step to far and beyond what is required to remedy any breech of planning control.
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Smouldering Stoat » Sun Jul 12, 2015 6:21 pm

The law does not draw any distinction between listed and unlisted buildings in this respect.

What should the developer have been required to build, then, which would have remedied this breach?
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby atticus » Sun Jul 12, 2015 7:23 pm

A person on whom an enforcement notice is served may challenge it.
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Michael » Sun Jul 12, 2015 8:15 pm

Smouldering Stoat wrote:The law does not draw any distinction between listed and unlisted buildings in this respect.

What should the developer have been required to build, then, which would have remedied this breach?




Hi Smouldering stoat
Please tell me if I am wrong in my thoughts as I am not someone who must win an argument . If im wrong tell me why as all knowledge is good.

I'm not arguing that the council do or do not have the authority to order a building be rebuilt on the site that is similar in dimensions or look of the original. Its how far can they go with there requirements .

Council planning enforcement wise this isn't about punishment as punishment for the demolition is dealt with by the courts and comes in the form of a fine for not following the procedures under the buildings Act. This is about planning matters and is about returning the amenity of the area to something acceptable . Previously the council where not against the demolishing and rebuilding of the building they just didn't like what the developers wanted to put up and asked the developer to resubmit plans for the new building that fitted in better with its surroundings. If that was the case previously telling the developer to reproduce an as near as possible 100 reproduction inside and out now says to me they are looking more at an action to punish rather than an action to provide a local planning.solution .

Under the town and country planning act I also believe they have no actual enforcement powers over improvements or alterations of a building on any works which affects the interior of the building unless the building is listed . The demolition of the interior is not classed as development so how can they in an enforcement notice order the interior to be reproduced in facsimile. Surely that is a reason on its own to challenge the enforcement notice.
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Smouldering Stoat » Sun Jul 12, 2015 8:25 pm

I think the word remedy has to be construed in its ordinary meaning. Anything less than complete reconstruction would not, I submit, provide a remedy since there would be elements which were not remedied.
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