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Order to rebuild - brick for brick - planning enforcement

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

Postby Hairyloon » Sun Jul 12, 2015 8:33 pm

Is it not a case of close enough is good enough?
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Smouldering Stoat » Sun Jul 12, 2015 8:58 pm

Perhaps, but the question then is how close is close enough?
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Michael » Sun Jul 12, 2015 10:29 pm

I believe on
Smouldering Stoat wrote: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.


I cant see what elements would not be remedied.

Smouldering Stoat wrote:Perhaps, but the question then is how close is close enough?


That would in my opinion would be at the point where the land is returned back to good use and any detrimental impact that the demolition has caused on the amenity of the area is repaired and returned to what is was or improved upon if possible.

If the enforcement notice is appealed which It probably will be ,the inspectors job on appeal is simply to look at planning matters and what remedies are available . The appropriate remedy is placing a building back on the site that either improves the local amenity of the area or returns it to where it was before the building was demolished. In my opinion that can be achieved without the need to reproduce the previous building in facsimile and the council planners were happy to allow the developers to demolish the building and place something new in its place previously , so they cant say only the previous building design will do.

I remember reading a case where the appeal court said ,(cant remember the case name ,sorry ) the inspector on appeal of an enforcement notice has to consider other alternatives and if there is a remedy available through lesser means than those on the enforcement notice they have to be considered. They also said where a previous planning application was made ,as is the case here , he can revisit the application and grant planning permission or grant permission with conditions if it will achieve the desired result.
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Hairyloon » Sun Jul 12, 2015 11:26 pm

Smouldering Stoat wrote:Perhaps, but the question then is how close is close enough?

Close enough to be good enough.
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Michael » Thu Jul 23, 2015 10:32 pm

They appealed the Carlton tavern enforcement notice.

http://idoxpa.westminster.gov.uk/online ... EKRRP04Y00
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby atticus » Thu Jul 23, 2015 10:59 pm

Did they win?
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Michael » Thu Jul 23, 2015 11:16 pm

atticus wrote:Did they win?


I'm sorry, I should have worded that better.

They have just submitted their appeal to the planning inspectorate.

They will win IMO
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby dls » Fri Jul 24, 2015 5:05 am

The involvement of English Heritage gets them my backing.
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby theycantdothat » Sun Aug 02, 2015 8:48 am

Michael wrote:They will win IMO


They should not:

Smouldering Stoat wrote: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.


Is there any act under which the demolition company can be prosecuted?
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Re: Order to rebuild - brick for brick - planning enforcemen

Postby Michael » Sun Aug 02, 2015 8:37 pm

theycantdothat wrote:
Michael wrote:They will win IMO


They should not:

Smouldering Stoat wrote: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.


Is there any act under which the demolition company can be prosecuted?


This was not a listed building. If it architecture was such that it needed to be preserved the council should have listed it.

The HSE say they are not going to prosecute and the buildings Act I believe allows for a maximum fine of £2500 for failing to give prior notification. .
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