No5’s Hashi Mohamed defends council’s enforcement notice and planning decision

Hashi Mohamed, a barrister at No5 Chambers, has successfully defended a council’s enforcement notice and planning decision — with partial costs awarded.

At an inquiry held on 20 August 2013, inspector S Hand MA, on behalf of the secretary of state for communities and local government, heard a joint planning and enforcement appeal against South Kesteven District Council.

The appeal concerned a dwelling house that was granted planning permission in 2002 but that was subsequently constructed in contravention to the granted permission.

At the one-day inquiry, the inspector heard extensive evidence and rejected the arguments by the appellant that the building was ‘substantially complete’ for the purposes of Ground (d). He noted and applied in his decision the important cases of Gravesham and the leading House of Lords authority of Sage. On Ground (f), he rejected the notion of a ‘fallback position’ — and that further the only remedy would be the removal of the building.

On the enforcement matter, the council pursued partial costs against the appellant, on the basis that his pursuit of an appeal against the notice was unreasonable. The inspector agreed.