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Luton Enforcement Appeal

DLP Planning Ltd (Bedford), have succeeded in quashing an enforcement appeal issued by Luton Borough Council against Marabese Ceramics Ltd, alleging a change of use of their Luton premises to A1 Retail.
On behalf of the Company, DLP argued that the Notice as issued was flawed, that the change of use alleged had not taken place and that planning permission for the trade retail operation conducted by the Company, as sought under Ground A, should be allowed. In determining the appeal, the Inspector agreed that the Notice contained a number of unexplained flaws, and amended the Notice accordingly. He also, on the basis of the evidence submitted, allowed the Ground A appeal, and as such did not need to determine the other appeals made by the Appellants.
 
The Inspector also granted full costs to the Appellants, finding the behaviour of the Council to be wholly unreasonable.