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. He answered a further enforcement notice saying that the use had been lawful by virtue of … Continue reading Everett v Secretary of State for Environment Transport and the Regions, and Another: Admn 3 Sep 2001
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, and unauthorised engineering and other operations in creating a hard standing, or that it was … Continue reading Taylor and Sons (Farms) v Secretary of State for Environment Transport and the Regions and Three Rivers District Council: CA 31 Jul 2001
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 case the company was no mere sham or front. However, the managing director … Continue reading Buckinghamshire County Council v Secretary of State for Environment, Transport and Regions and Brown: Admn 31 Aug 2000
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 to use for domestic purposes and as an airfield. The inspector allowed … Continue reading Secretary of State for the Environment, Transport and the Regions and another v Thurrock Borough Council: CA 27 Feb 2002
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 visit. That visit could not support such a finding. A second decision to vary an … Continue reading Hambleton District Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Nov 2000
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 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 . .
COMPENSATION – planning permission – revocation – Article 4 direction – Town and Country Planning General Development Order 1995 – whether indoor swimming pool and leisure block permitted development – estoppel – valuation – Town and Country Planning Act 1990, ss 107, 108 and 117 – compensation awarded pounds 31,700 Citations: [2006] EWLands LCA – … Continue reading Smith and Another v South Staffordshire District Council: LT 27 Jun 2006
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 contended that such an order was draconian, and should not be made without additional evidence … Continue reading Chant v Secretary of State for Transport, Local Government and the Regions and another: Admn 1 Jul 2002
Citations: [2002] EWCA Civ 1231 Links: Bailii Statutes: Town and Country Planning Act 1990 187B, uropean Cinvention on Human Rights 8 Jurisdiction: England and Wales Planning, Human Rights Updated: 21 June 2022; Ref: scu.217416
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 sports stadium use was class D2(e), but a concert … Continue reading Rugby Football Union v Secretary of State for the Environment, Transport and the Regions and Another: CA 17 Jul 2002
(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 inspector the Secretary of State largely confirmed the enforcement notice. The High Court … Continue reading ISKCON v United Kingdom: ECHR 8 Mar 1994
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 sensitive. The claimants challenged this on the basis that a reverter to the original … Continue reading Sefton Metropolitan Borough Council v Secretary of State for the Environment, Transport and the Regions and another: Admn 25 Jun 2002
Planning permission was granted subject to conditions. Later one condition was lifted on a renewed application. It referred to the earlier permission, but not the earlier conditions explicitly. Held: The permission was not clear, and therefore reference to other documents was permitted, In that context, the application defined itself in terms of the earlier application, … Continue reading Reid, Regina (on the Application Of) v Secretary of State for Transport and Local Government and Another: Admn 7 Oct 2002
‘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?’ Judges: David, Lindblom LJJ Citations: [2017] EWCA Civ 231 Links: Bailii Jurisdiction: England and Wales Planning Updated: 24 March … Continue reading Arnold and Another v Secretary of State for Communities and Local Government and Another: CA 31 Mar 2017
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 . .
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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