Just Planning recently acted in an enforcement appeal in Buckinghamshire concerning children’s play equipment in a back garden.
The council had served an enforcement notice requiring the equipment to be removed. Its concern was that the play equipment, because of its height and position, allowed overlooking of neighbouring gardens and caused harm to neighbours’ privacy and outlook.
The appeal was important for the family and they were surprised by the notice because they thought that what they had installed was ordinary garden play equipment.
The question was whether its impact on neighbours was so harmful that it justified formal enforcement action and complete removal.
We appealed the enforcement notice. The case was not that the play equipment had no effect at all – we accepted that it could be seen from neighbouring gardens. The issue was whether that effect was materially harmful, bearing in mind its domestic nature and limited scale.
The inspector agreed with our case. Although the play equipment was noticeable, it did not cause unacceptable harm to neighbours’ living conditions. The appeal was allowed. The enforcement notice was quashed and planning permission was granted, subject to a landscaping condition.
The case is a useful reminder that the council doesn’t alway get it right – they may have genuine concerns about a development, but that does not mean that formal enforcement action is justified or that complete removal is the right outcome.
In some cases, an appeal can lead to a better and more proportionate result. That might mean the notice is quashed. It might mean planning permission is granted. It might also mean that permission is granted subject to conditions, rather than requiring the development to be removed altogether.
If you have received an enforcement notice from Buckinghamshire Council, it is important to check the notice carefully and consider the appeal options before the deadline expires.
