An action for a occupancy in breach of a planning consent remained enforceable after the 4 year limitation period. Citations: Times 19-Jul-1993, Independent 16-Jul-1993 Statutes: Town and Country Planning Act 1990 172(4) Jurisdiction: England and Wales Planning Updated: 26 October 2022; Ref: scu.84273
Judges: Rix, Hughes, Keene LLJ Citations: [2007] EWCA Crim 2102 Links: Bailii Statutes: Town and Country Planning Act 1990 172 Jurisdiction: England and Wales Citing: See Also – Staffordshire County Council v Challinor TCC 23-Feb-2007 Request for injunction to restrain breach of enforcement notice. . . Cited by: See Also – Staffordshire County Council v … Continue reading Challinor v Regina: CACD 17 Aug 2007
The applicants were granted permission to construct a golf course and other facilities. They were then served with enforcement notices requiring them to remove waste materials deposited on the site. They appealed contending that the notices went beyond that required to comply with the planning permission. Held: It was proper for the notices to require … Continue reading Secretary of State for Environment Transport and the Regions and Another v Wyatt Brothers (Oxford) Ltd: CA 26 Oct 2001
An Act might include a power to amend another by secondary legislation, but any such power must be construed narrowly. The owners of property sought to change its use from long term residential use to a use for short term visitors. S25 of the main Act remained unaffected by subsequent secondary legislation. Citations: Times 14-Mar-2000 … Continue reading Hyde Park Residence Ltd v Secretary of State for et Environment Transport and the Regions and Another: CA 14 Mar 2000
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The appellants, owners of a motor sport racing circuit, appealed against a finding that their activities constituted a nuisance, given that they had planning permissions for the use. Held: The appeal succeeded. The judge had erred in holding that the actual use of the Stadium and the Track over a number of years, with planning … Continue reading Coventry (T/A RDC Promotions and Another v Lawrence and Others: CA 27 Feb 2012
The appellant challenged an injunction preventing him making any development of a property without planning permission. He was said to have been using it for commercial purposes without such. Judges: Pill, Hooper, Munby LJJ Citations: [2011] EWCA Civ 458 Links: Bailii Statutes: Town & Country Planning Act 1990 172 Jurisdiction: England and Wales Planning Updated: … Continue reading Davenport v The City of Westminster: CA 19 Apr 2011
A college owned land which it sought to develop for residential purposes. The officers supported the proposal but the committee and inspector went against it, on the basis that it would be a loss of an opportunity to a neighbouring football club to expand. The landowner said there was no evidence of any prospect of … Continue reading Stroud College v Secretary of State for Transport, Local Government and the Regions: Admn 25 Mar 2002
The land-owner had received planning permission to construct an extension to her home subject to a condition that it could be occupied only by a dependant relative. In 1996, she let it to students in breach of the condition. In 1996, te council took enforcement proceedings. She answered that the time limit for enforcement was … Continue reading First Secretary of State v Arun District Council and Another: CA 10 Aug 2006
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
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