What constitutes a breach of planning control and how are they remedied? In this programme planning lawyer Linda Russell guides us through the topic looking at the concept of lawful development and the legal definitions and various enforcement notices that planning authorities have at their disposal.
To illustrate recent changes in the law we look at two recent high-profile cases in which entire buildings were concealed in an attempt to evade planning control (one behind a wall of straw, the other within a barn).
Key learning points:
- What is a breach of Planning control?
- An understanding of the concept of lawful development
- What are the enforcement and breach of condition notices?
- An examination of the impact of two recent cases (Wheeler and Fiddler) on planning case law
About the contributor
Linda Russell, founder and principal of Colchester-based Linda S Russell Solicitors and Planning Consultants, is a planning & local government law solicitor with over 24 years' experience.
After many years as a senior local government planning lawyer at three local authorities, Linda left local government in 1999 to establish her legal practice, which has since expanded to include a planning consultancy.
An executive committee member of the Law Society's Property Committee, Linda has penned a series of articles for the Society's Property in Practice Magazine and she is also in the process of writing a planning enforcement manual.
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