This case started for us when we were contacted by our client because they had received from Barking and Dagenham Enforcement team an enforcement notice stating that there was believed to be a breach in planning control.
The enforcement notice stated that the rear extension due to its size, design and scale of the development results in an increased sense of overbearingness and harmful to both neighbouring properties and the appearance of the house.
Barking and Dagenham Enforcement were also claiming that the development was contry to Policies BP8 and BP11 of the LDF Borough Wide Development plan Policies DPD dated March 2011.
The enforcement notice from Barking and Dagenham Council stated that to comply our client should
1) Remove the unauthorised extension in its entirety, or reduce the dimensions to 3m in overall height and 3m in depth.
2) Remove all subsequent waste material from the premises.
Barking and Dagenham did give the client the option to reduce the size should they wish.
The enforcement notice was issued on 26th January 2021 and the client was given until 26th February 2021 to submit an appeal to the Planning Inspectorate or the enforcement would become active and would need to be complied with by 26th May 2021 at the latest.
The original retrospective application was refused on 14th December 2020 so Barking and Dagenham did not wait for our client to exercise their 12 week statutory right of appeal but instead decided to serve an enforcement notice after only 6 weeks!
Further details about this Enforcement Appeal can be found on the video above.
Enforcement Planning Appeal Rear Extension Barking Dagenham
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