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Lisa Smith, Regina (on the Application of) v South Norfolk Council: Admn 10 Nov 2006

The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for a year. The claimants now said that it was unlawful of the council to use … Continue reading Lisa Smith, Regina (on the Application of) v South Norfolk Council: Admn 10 Nov 2006

Regina (O’Brien) v Basildon District Council: Admn 2006

There is no inherent restriction on the powers in section 178 to prevent a planning authority using them for the purposes of evicting people using land for a residential purpose in breach of an enforcement notice which had taken effect. It would not always be disproportionate to use them for that purpose. The court set … Continue reading Regina (O’Brien) v Basildon District Council: Admn 2006

Egan v Basildon Borough Council: QBD 26 Sep 2011

The claimant sought a injunction to restrain the defendant council from executing enforcement notices regarding the use of the claimant’s land for residence by several traveller families. He argued that the council had failed to state its exact intentions on enforcement, and that it was feared that it would exceed the steps necessary for enforcement. … Continue reading Egan v Basildon Borough Council: QBD 26 Sep 2011

Basildon District Council v McCarthy and others: CA 22 Jan 2009

Challenge to decision of the council to take direct action to enforce planning notice. Held: The Council’s decision had been lawfully and properly reached, so that the challenge to the enforcement notices failed. Judges: Pill LJ, Lloyd LJ, Moses LJ Citations: [2009] EWCA Civ 13, [2009] JPL 1074, [2009] NPC 10, [2009] 4 EG 117 … Continue reading Basildon District Council v McCarthy and others: CA 22 Jan 2009