Extension built without permission — notice withdrawn after appeal
The situation
A homeowner had extended their Victorian terrace without realising permitted development rights had been removed by a planning condition on the original property. The local authority served an enforcement notice requiring demolition within three months.
The challenge
The extension had been completed two years earlier and the family had already moved in. Demolition would have caused significant disruption and financial loss. The notice cited a breach of condition rather than a straightforward PD rights issue, which narrowed the available grounds of appeal.
Our approach
We reviewed the original planning permission and identified that the condition removing PD rights was poorly worded and arguably unenforceable as drafted. We submitted an appeal on grounds that the condition was not clearly imposed and that, in any event, the development was not harmful to the character of the area.
The outcome
The Planning Inspectorate agreed that the condition was ambiguous and could not be relied upon to remove PD rights. The enforcement notice was quashed. The extension remains in place.