Fantails, Hook End Road, Brentwood, Essex, CM15 0HB

Authority: Brentwood Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: agricultural · Other minor developments
Inspector: Boffin D

Main issues, as the Inspector framed them

The appeal on ground (d) is made on the basis that, at the time the EN was issued, it was too late to take enforcement action against the matters stated in the EN.

What decided it

The Inspector found that the development was substantially completed more than four years before the enforcement notice was issued and that the appellant had not engaged in positive deception to prevent discovery, so the immunity under section 171B(1) of the 1990 Act applied.

Judgments cited: Welwyn Hatfield v SSCLG v Beesley [2011] UKSC 15; Sage judgment

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