From luxury mansions to sharks – how far can planning enforcement go?
From luxury mansions to sharks – how far can planning enforcement go?
Councils have the ability to remedy breaches of planning control through the use of their enforcement powers. For example, where a building has been erected and is in breach of planning permission, the remedial response may be to demolish the building.
Demolition of luxury mansions
A recent example involves the demolition of 5 luxury mansions following an enforcement notice for demolition issued by Bolton Borough Council in 2018. The planning inquiry heard how the homes were up to a third bigger and in different locations than they were allowed, rendering them in breach of planning regulations for the area. A planning inspector gave the householders 12 months to take down the structures and return the site to its previous state.
Hackney Shark Installation
One of the more bizarre examples of enforcement is the Hackney Shark Installation. Essentially, Antepavillion art charity in Hackney held a competition with the 2020 winner being an entry of 5 full scale sharks. There was a cash prize plus the opportunity to display the art in Regents Canal. After much legal back and forth due to the absence of planning permission for the large beasts, a last-minute injunction was granted by the High-Court ordering the removal of the fibre glass sharks.
While very different in design, the demolition and removal of both the luxury mansions and sharks are a reminder of how extensive and comprehensive the powers of the council are when it comes to planning control.
Contact our Real Estate Dispute Resolution team today
If you would like to discuss any issue relating to this blog, please do not hesitate to contact a member of the Real Estate Dispute Resolution Team on 01895 207835 or 01895 207295, or email us at propertydisputes@ibblaw.co.uk