Enforcement notice

[archeraddict]

I am appealing against a planning decision and was told by the enforcement officer, in writing, that, if I appealed, he would 'hold enforcement in abeyance until the appeal had been determined'. I subsequently received an enforcement notice which has to be complied with 20th Oct. This may sound naive but, having not done this before, I assumed that the enforcement officer realsied that the appeal would be determined by the time the notice had to be complied with. (The final papers had to be in by Aug 24th). However, I have contacted the inspectorate and we won't even have the site visit until end of November! What can I do about the original letter stating that enforcement would be held in abeyance. I have written to the officer, but have so far not had a reply. Thanks

[buildersmate]

I believe it to be a mess up by the Planning Dept in saying they will hold it by abeyance. The Planning Inspectorate appeals form makes the point that any appeal must be received before any Enforcement Date imposed by the Planning Dept. You have done this.
http://www.pcs.planningportal.gov.uk/pcsportal /pf03form.asp
I'd just phone them to remind them that you have an Appeal in progress. I think they will say, we know - we're just following our planning process through with an enforcement date but awaiting the outcome of your appeal.
In the event that you lose the appeal, you then have a fixed short time in which to comply.
If they don't do it this way, if you lose the appeal against the planning decision, you could then theoretically lodge another appeal against the enforcement notice. They are forcing the Inspectorate to make a decision against both the planning decision and the enforcement notice in one bite.