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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13780
Experience:  30 years as a practising solicitor.
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This is a Planning issue: If a property is under ongoing

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This is a Planning issue:
If a property is under ongoing enforcement by a council's planning department because of breach of planning content, can they apply for an expansion of their operation whilst the enforcement procedure is ongoing? The new planning application in question serves to expand the existing operation which is under enforcement. I would think that the application should not be allowed until the enforcement procedure has finished.
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Customer: replied 2 months ago.
That will be fine.

I am a solicitor in Scotland. Do you mean a retrospective planning application which would be intended to cure the defect that resulted in the enforcement notice being served?

Customer: replied 2 months ago.
No. That has not happened so the property is still with the council's enforcement officer. The original planning consent was for a falcon facility with a stipulation that it was always going to be a hobby only, and ancillary to the house. The new owners turned it into a large scale operation with 80-100 falcons. Because of the noise arising from the activities of such a large facility which is clearly not a hobby anymore, we reported it to the council last year. That's how it turned into an enforcement case.
Two weeks ago, the facility in question put in a planning application for a new bird breeding barn and two flying aviaries. So these would be additional to the ones under dispute. We think that the council should not have accepted those application before the enforcement case has been resolved. Our local council is short staffed and the case officer for the new planning application may not have picked up on the enforcement case.

They can I take the applications but your objection should make it clear that there is a realty enforcement issue and that would be taken into account but the council officer reporting on the application. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13780
Experience: 30 years as a practising solicitor.
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