Where there is a defect or error on an enforcement notice, the next question is whether the enforcement notice is a nullity. The division between an “invalid” enforcement notice, and therefore subject to correction by an Inspector, and one which is a “nullity” has been canvassed in several cases, but HHJ Waksman brings some clarity to the distinction in Oates v Secretary of State for Communities and Local Government [2017] EWHC 2716 (Admin). The Claimant had carried out conversion works to some former chicken sheds. These benefitted from permitted use rights for residential use. The Council had issued an enforcement notice, stating the breach of planning control was “the erection of 3 new buildings” and the Claimant was required to demolish these buildings. The Claimant had appealed the notice to the Inspector, who came to the conclusion that despite it being a conversion, there were in effect three new buildings. Entirely separately, the enforcement notice had a requirement that, after demolition, the Claimant “Make good the land underneath the 3 former buildings”. The Inspector found this was vague and removed it. The two main arguments put by the Claimant were that: