|Posted by Stephen Newton on August 16, 2016 at 3:50 AM|
The applicants challenged the Planning Inspectorate’s decision. The basis of the challenge is: The Inspector has erred in law - he has said that a planning obligation for financial contributions is required and in fact the Council said it was not.
Until this matter is resolved the enforcement notice (To vacate) does not come into effect and hence the 9 month time scale for compliance has not commenced.
The permission hearing was scheduled for 14 July 2016 in the High Court. (We appologise for the late notice on this. There was a disconnect in communications)
For information on process:
The decision on permission can be handed down at the hearing itself.
However it is much more likely is that this is handed down separately, following detailed consideration by the Court. The process of drafting a Judgment normally takes 1-4 weeks.
However; The Planning Inspectorate has accepted that the Inspector erred in law and that he has reached the unsupportable conclusion that a unilateral undertaking was required where that was not advanced. The Government Legal Service are therefore proposing to concede the appeal, and agree a form of Order by which the decision is remitted to an Inspector for re-hearing.
It therefore seems that the way forward will be that the appeal decision is invalid and there will be a further appeal hearing. The enforcement notice continues to be held in abeyance.
The good news is that the injunction is still in force so they cannot bring any further caravans onto the land.
It does take a long time to resolve these issues so please be prepared for the unauthorised use to continue for some time.
It’s not great but we are completely reassured that WBC officers are doing all they can.
They are as frustrated about this situation as we are.
Thank you to Mark Ashwell for this update. Note: I have edited the response - without changing the facts or message.