Option 2 - Withdraw current enforcement notice and secure cancellation of the forthcoming planning appeal - avoiding any appeal costs but reserving the right to pursue enforcement action at a later date, if necessary.

The decision of the Director (Planning), in consultation with the Chairman of the Planning Committee and the Portfolio Holder for Planning and Housing, was therefore as follows:

1)To write to the appellant Wyldfield Homes Ltd to indicate that the Council is minded to withdraw the Enforcement Notice at 107-111 Pier Avenue, explaining why, and asking it to confirm that it will thereupon withdraw its appeal.
2)Withdraw the Enforcement Notice and inform everyone who was serviced with a copy under s173A of the Town and Country Planning Act 1990.
3)Inform the Planning Inspectorate that the Enforcement Notice has been withdrawn and that the appeal no longer falls for consideration, inviting the appellant to confirm the same and for the appeal to be withdrawn and the Public Inquiry to be cancelled.
4)Seek to agree, in writing, that the Council will not seek any costs against the appellant and that the appellants will not seek any costs against the Council following the withdrawal of the Enforcement Notice and the cancelation of the appeal – on the basis that the change in the Council’s position has arisen from changing circumstances, new evidence and the passage of time.
5)Agree with the appellant that the Council still reserves its right to pursue enforcement action at a future point, if necessary, if it becomes evident at any point in the future that care is not being provided at the premises and that it has reverted, without the benefit of planning permission, to a use that falls outside of Use Class C2.

The above actions have been carried out, the Enforcement Notice has been withdrawn and the appeal has been cancelled.