Land known as 39 Wilton Grove, HEYWOOD, OL10 1AS

Authority: Rochdale Metropolitan Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: telecoms · Householder developments
Inspector: Rogers B

Main issues, as the Inspector framed them

Whether the Council's decision to issue an enforcement notice in 2020 in respect to development which it had investigated in 2019 and decided to take no further action on was unreasonable and thereby caused the appellant to incur unnecessary expense

What decided it

The Council's inconsistent communications, whilst unreasonable, did not cause the appellant to incur unnecessary expense because the appellant could have regularised the position retrospectively in 2019 but chose not to do so.

Judgments cited: Guildford BC v SSCLG and Moffat [2009] EWHC 3531 (Admin)

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