The appellants appealed a refusal of an inspector to set aside an enforcement notice with regard to the alteration of use of an outbuilding to a residence. He asserted that no enforcement action having been taken for four years, the enforcement could not proceed. There had been use over a longer period, but there had … Continue reading Withers v The Secretary of State for The Environment, The North Somerset District Council: Admn 9 Sep 1997
The claimant travellers had been moved from one site, and retationed their caravans on a nearby track. The Council served an enforcement notice alleging unlawful change of use to residential purposes. The Claimants contended that the decision was unlawful in that the Defendant failed to consider whether Mrs Flynn was a relevant occupier as she … Continue reading Flynn and Another v Secretary of State for Communities and Local Government and Another: Admn 20 Feb 2014
The applicant had erected various buildings without permission. At one point, one of two enforcement notices was set aside on the basis that the use had been established for more than four years. Subsequently, buildings were demolished and rebuilt. . .
Over a long period of time the applicants had deposited large quantities of waste on their land to hard standings and tracks. They were served with enforcement notices alleging a change from agricultural use, to agricultural use with waste deposit, . .
The principal shareholder and managing director of a company which was the sole tenant of a building was competent to object to a planning enforcement notice. The corporate veil was not to be set aside except in special circumstances, and in this . .
The appellants appealed a refusal of an inspector to set aside an enforcement notice with regard to the alteration of use of an outbuilding to a residence. He asserted that no enforcement action having been taken for four years, the enforcement . .
Land on a farm had been used intermittently for many years as an airfield. The local authority issued two enforcement notices, one in respect of a building used as a hangar, and one for unlawful change of use from domestic and agricultural purposes . .
The appellant challenged the decision of a planning inspector considering an enforcement notice with regard to the siting of a residential caravan on land that other suitable accommodation was not available in the area. The only evidence was a site . .
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was not democratically accountable. Held: Reviews could be contracted out. The court could ‘not see that … Continue reading Heald and Others v London Borough of Brent: CA 20 Aug 2009
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
The applicant challenged an order requiring him to discontinue use of land on which were listed buildings in need of repair. The authority had concluded that compulsory purchase would not be sufficient to achieve the result required. The land owner . .
The land owner sought a certificate of lawful use for its Rugby Stadium which had been used as a concert stadium.
Held: The court must look to the Order to see whether the proposed use fell within the same use class as the existing use. A . .
(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an . .
The land had had general B2 industrial use permission. Over the previous 4 years, it had begun to be used for the dismantling of vehicles. The inspector granted the permission seeking to impose conditions to ensure that it would be environmentally . .
‘Did an inspector determining appeals against an enforcement notice under section 174(2) of the Town and Country Planning Act 1990 fail lawfully to consider ‘alternatives’ to the development against which the enforcement action had been taken?’ . .
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Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index