Killian Garvey Secures Immunity From Enforcement For Car Park In Cumbria
Killian Garvey, instructed by Steven Abbott Associates LLP, secures immunity for a car park in Cumbria in an enforcement appeal brought against the Lake District National Park Authority.
The Council had issued an enforcement notice against the car park. The Appellant appealed against this enforcement notice under s.174(2)(d) of the Town and Country Planning Act 1990, on the basis that the breach of planning control persisted for over 10 years.
The Council issued the enforcement notice on 23rd June 2016. The Council asserted that a 10-year period could not have elapsed, as their investigations concluded that the land was not used as a car park, based on site visits and investigations during June 2006.
The Council also sought to argue that the Appellant should not be allowed to rely on the 10-year immunity rule, based on the public policy issue of concealment (the Welwyn principle). However, during the course of the inquiry the Council abandoned this point.
The Appellant was able to demonstrate through user evidence that the car park had been used for a period of 10 years. The inspector’s decision letter endorsed the submissions made by Killian Garvey, on behalf of the Appellant, in this regard.
For the full decision please click here.