Ms Bown had been granted conditional planning permission for an extension. That extension later came to be used as a separate dwelling in breach of the condition. The Council sought to enforce the condition. The defendant appealed the enforcement notice, and the inspector held the condition to be invalid, and that any enforcement had to have been begun within four years.
Held: The Council’s appeal succeeded. The condition was clear enough when read in context to be valid, and therefore section 171B(2) did not apply and the enforcement action was effective. The four year period under 171B(2) applied where an enforcement notice was issued in respect of a change of use of property to a dwellinghouse, but not where there was some associated planning breach.
Judges:
Mole J
Citations:
Times 13-Oct-2005, [2005] EWHC 2520 (Admin)
Links:
Statutes:
Town and Country Planning Act 1990 171B
Jurisdiction:
England and Wales
Planning
Updated: 16 August 2022; Ref: scu.231178
