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Ceredigion CC has won the high court go-ahead to challenge a Welsh assembly decision that it claims will delay move...
Ceredigion CC has won the high court go-ahead to challenge a Welsh assembly decision that it claims will delay moves it has taken to force a Llandysul property owner to
remove two prefabricated structures from his land.
After a brief hearing in London yesterday Mr Justice Henriques gave the council permission to seek judicial review of the assembly's decision to extend the time for compliance with two enforcement notices the council issued to Mr E.D. Harrison in respect of his land at Porthyrhyd, Pontsian, Llandysul, Ceredigion.
In June and August last year, the council issued enforcement notices to Mr Harrison, claiming he had breached planning control by erecting prefabricated wooden structures, one adapted for human habitation, and the other for a workshop, without planning permission.
He appealed, claiming that they did not require permission because they were 'buildings required temporarily in connection with and for the duration of operations being carried out on that land' in accordance with a planning permission granted in 1973 for the alteration and extension of a cottage on the land.
The inspector rejected this submission, on the grounds that 'there appear to be no significant operations being carried out on the land' and that dwelling in it took it out of the category of a 'temporary building'.
However, he decided that the 1973 permission was still valid as works had started within the five-year limit, and extended the time limit for compliance with the enforcement notice from two months to two years.
The council claim that, within the five year period, only demolition work on the cottage was carried out, and in the subsequent years only the formation of an access and the digging of a trench have taken place. It is challenging the inspector's decision, claiming he made an error of law by concluding that demolition could be a 'work of construction' within the five-year limit.
And yesterday, Mr Justice Henriques granted the council permission to mount its challenge to that decision in judicial review proceedings to be heard at the high court later this year. Its application was not opposed.
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