We posted in May 2019 of success securing a new permission and Sunday/bank holiday working for a hand car wash facility at a site with a lot of history. We wrote at the time “nothing like a challenge”.

Well, a month or so after issuing that planning permission the Council sent out a new decision notice with a changed condition saying Sunday or Bank Holiday working wasn’t allowed now and a letter saying the first decision was issued in error. It also asked we send the “wrong’ un” back. Yep, really… it did that.

We responded to the Council setting out long establish legal principles and case law that it has no powers to issue a second decision notice and thus the original decision notice stood (it had in fact already been implemented by the applicant) and that the car wash would be operating Sundays and Bank Holidays.

Thankfully, all went quiet for about 12 months.

In late August this year the Client sent us a copy of Breach of Condition Notice saying that by working on Sunday and Bank Holidays he was breaching the terms of the permission. The Notice required he cease working on Sundays and Bank Holidays.

Yet again we wrote (and engaged the further help of Planning Solicitors) reminding the Council of the correct legal position, setting out that no condition on the original planning permission had been breached. The Council has now confirmed it is withdrawing the Notice.

Another success and example of the knowledge, breadth and thoroughness working for clients.