oh! just found another problem, potentially a big problem with the Notice! could be borderlining the aha moment I've been patiently waiting for! lol
Your notice says:3. THE MATTERS WHICH APPEAR TO CONSTITUTE A BREACH OF PLANNING CONTROL
Without planning permission the erection of a means of enclosure over 2 meters in height as measured from ground level in the location shaded blue on the attached plan.
If they wish to call it an enclosure which is granted planning permission by default under the General Permitted Development Order, the fact that it is over 2 meters is actually a breach of condition of the planning permission under the GPO
not development without the benefit of planning permission!! Now we are delving into the realms of ambiguity and more strength in your Miller-Mead argument.
See here. http://www.legislation.gov.uk/ukpga/1990/8/section/171A
Now look at your notice under part 1! It says s.171A (1)(a) when it should say s.171A (1)(b) !
173 Contents and effect of Notice
(1)An enforcement notice shall state—
(a)the matters which appear to the local planning authority to constitute the breach of planning control; and(b)the paragraph of section 171A(1) within which, in the opinion of the authority, the breach falls.
you'll be pleased to know i have found some cases where notices were found to be nullities because of the same reason!
Will look at this more and get back to you.