There’s a reminder in a pair of recent enforcement appeal decisions (here and here) that there’s no time limit on listed building control enforcement. The A-listed Dome restaurant on George Street, Edinburgh, has a number of awnings , parasols and canopies around it with varying degrees of fixture to the buildings. Since these were unauthorised, the Council served both planning and listed building enforcement notices. The Dome was able to show that any development was more than four years old. That dealt with the planning enforcement notice. However, the age of the alteration didn’t matter for the purposes of the listed building enforcement notice, and the notice was upheld.
All the same, it’s a bit surprising that the Council took action regarding development that’s been around for such a long time. It’s not the first time the Dome’s been in trouble though, and Edinburgh has a fearsome team of enforcement officers. Last year they served over a third of all enforcement notices in Scotland (see the Scottish Planning Statistics 2010/11) and, I understand, more than half of all listed building enforcement notices.
You have been warned.
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