Continuous contravention has nothing to do with PCN1, for obvious reasons.
IMO, failure to consider representations is subjective. It is not a regulatory requirement to detail their reasoning in respect of every issue raised. While 'We have thoroughly considered and the answer is no' might be considered a tad terse, they do not have to detail every reason in respect of every decision.
The requirements mentioned in paragraph (3) [the authority's duty] are that enforcement authority must—
(a)consider the representations and any supporting evidence which the recipient provides, and
(b)serve on the recipient a notice of its decision (a “decision notice”) which states whether or not it accepts the representations made by the recipient.
Consider and serve notice of its decision. There is no requirement in the regs to set out chapter and verse but 'South Buckinghamshire District Council v Porter (No 2) [2004]' which is the definitive guide on statutory and common-law duty suggests that they should set out their reasoning in respect of the principal matters.
IMO, if you have trumps in your hand then......
