A previous owner of the land had carried out unauthorised alterations to the listed building, and the applicant sought retrospective permission for those and his own alterations. The authority did nor decide on that application, but instead issued enforcement proceedings. The Secretary now appealed dismissal of those proceedings.
Held: The appeal was dismissed. The owner could not be prosecuted for all breaches, including those before he purchased the land. If the authority wanted all unauthorised alterations to be reversed, it had to comply with the section which required full details to be given.
Judges:
Lord Justice Laws Lord Justice Simon Brown Lord Justice Longmore
Citations:
[2003] EWCA Civ 665, Gazette 29-May-2003
Links:
Statutes:
Planning (Listed Buildings and Conservation Areas) Act 1990 38
Jurisdiction:
England and Wales
Citing:
Appeal from – Braun v Secretary of State for Transport, Local Government and the Regions and Another Admn 19-Dec-2002
. .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 07 June 2022; Ref: scu.183719
