Seth, advised by Aldwych Legal, faced a Planning Enforcement Notice from Kirklees Council under section 172 of the Town and Country Planning Act 1990. His business operated as a tuition centre from premises the landlord had said were ready for use when he moved in, and the lease was signed in 2014 a year after planning permission was granted.
When he moved in, the landlord assured him the premises were ready to operate as a tuition centre. He subsequently learned that the burden to satisfy preconditioned conditions lay with the landlord, not the tenant, and the planning notice referred to pre-commencement conditions 4 and 7 demanding a noise mitigation report and a car park management plan.
What Happened
Kirklees Council served the notice alleging that pre-commencement conditions 4 and 7 were not satisfied. The council argued the required noise mitigation report and a car park management plan had not been submitted. The notice followed years of use and a 2018 lease renewal, raising questions about why concerns had not been raised earlier. Seth and Aldwych Legal challenged the procedural and substantive grounds of the enforcement and assembled witness statements supporting the lawful use of the land as a day-care centre.
Legal Issues
- Whether the enforcement notice was validly served on all interested parties or only on the occupier.
- Whether pre-commencement conditions 4 and 7 were satisfied given the landlord’s obligations and the lease terms.
- Whether the prolonged enforcement action was proportionate and legally sound after years with little prior attention.
Our Approach
We compiled hundreds of witness statements demonstrating the lawful use of the land as a day-care centre, engaged with Kirklees Council, and prepared pre-action correspondence under CPR and the applicable Pre-Action Protocols for planning disputes. We maintained focused negotiations and presented robust evidence to support a proportionate resolution.
Outcome
The enforcement action was ultimately dropped by Kirklees Council. There was no liability established against Seth, and the business could continue operating without disruption. The outcome avoided eviction or penalties and protected the tenant’s business and the landlord’s position in the lease.
Result / Why It Matters
This matter demonstrates Aldwych Legal’s capability in planning enforcement and landlord-tenant disputes, delivering practical, proportionate outcomes for clients operating within complex regulatory frameworks in London and beyond.
