daivdbryant
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I have a situation where a CC has found a development to be unauthorized under s.153 because the development breaches a condition of a granted planning permission.
They are not proceeding under s.160 because after granting the permission they issued a s.5 exempted development declaration for the particular item which required a new application for permission under the condition of the previously granted permission.
Their argument is that under s.153(7) they can choose not to proceed if there are compelling reasons not to do so. In this case they feel they are estopped from proceeding as the court would not allow them to argue a s.160 having previously granted a s.5
So - question - does any one have reference material surrounding what is a "compelling reason" not to proceed under s.153(7)
They are not proceeding under s.160 because after granting the permission they issued a s.5 exempted development declaration for the particular item which required a new application for permission under the condition of the previously granted permission.
Their argument is that under s.153(7) they can choose not to proceed if there are compelling reasons not to do so. In this case they feel they are estopped from proceeding as the court would not allow them to argue a s.160 having previously granted a s.5
So - question - does any one have reference material surrounding what is a "compelling reason" not to proceed under s.153(7)