The owner of a listed building removed a chimney stack and replaced it. Compliance with current building regulations would not have been able to serve the five fires served by the old stack. An enforcement notice was issued and confirmed by the inspector requiring the restoration of the initial stack. The council’s decision to under-enforce the restoration was acceptable. They owners’ appeal to the court was dismissed. The enforcement notice had been clear in what it required, and it had been correctly seen as an exercise in restoration. He was aware of the decision by the authority. He had taken into account everything that he should have, and nothing that he shouldn’t.
Citations:
Gazette 15-Dec-2000
Planning
Updated: 08 April 2022; Ref: scu.80654