(PPG 18)
The issue of the alleged development must be one of two issues either
a)
their is the possibility of technical breach of planning control and
the council wish to exercise their authority with little regard to
whether any apparent change in use or operation has actually occurred
or where it may have occurred to consider whether it has a material
impact or
b) a material breach has occurred that negatively
impacts upon the local environment in which case it would be
expedient issue a notice.
In advice is not to issue an
enforcement notice.Where an alleged breach is brought to the local
governements consideration they would then assess the site. such
change of use as alleged does constitute a material change in use and
that it is suffiecient to warrant an enforcement action. Where it
reasonably appears to the defendent that this is so then thier can be
no obje4ctionto the4 defendent apply the statites as they see fit.
In the second case where there is deemed a clear danger to local amenities then enforcement action is to be taken immediately.
Then
it still arises that a defence may be that the breach hasn't occired
based on the fact and degree on change in use, or that there is no
change is use, or that the operations being carried out are mainly
ancillary to a lawful use.
Where there is deemed to be a
materail chjange in use then it should be issued without haste,
procrastination would show that the alleged breach wasn't causing any
real concern..
If the council wish to proceed purely on the grounds that they beleive a breach has occured and then