The four years period limiting enforcement proceedings runs from the first date at which the enforcement notice could have been served. Widgery J said: ‘If the plaintiff can . . Show that a notice in the terms of that served could, on the facts proved, have been served more than four years before the date upon which it was actually served, the notice served is bad, and it matters not that a further intensification of the use has resulted in further development within the four year period, because that further development will not be the development or give rise to the breach of condition upon which the notice is based.’
Judges:
Widgery J
Citations:
[1962] 14 PandCR 332
Jurisdiction:
England and Wales
Cited by:
Affirmed – Britt v Buckinghamshire County Council CA 1963
. .
Cited – Thomas David (Porthcawl) Ltd and others v Penybont Rural District Council and others 5-Oct-1972
The appellant complained that an enforcement notice had been served as to an entire plot of land when the activities complained of, sand and gravel extraction, had occurred on only two smaller parts.
Held: The site should be looked at as a . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 01 May 2022; Ref: scu.246382