The planning authority sought injunctions for enforcement notices. The landowner argued that human rights law required the court when looking at such a request to look at the entire planning history.
Held: Although the court could look to a document directly referred to by a notice before requiring it to be followed, it was not obliged to investigate beyond such documents. A breach of the land owner’s article 8 rights could cause a court to allow enforcement, but the basic issues involved in the planning decision underlying the enforcement notice were not to be put at issue.
Mr Justice Jacob
Gazette 11-Jul-2002, [2002] EWHC 1088 (Ch)
Bailii
European Convention on Human Rights 8
England and Wales
Citing:
See also – Buckinghamshire County Council v Secretary of State for Environment, Transport and Regions and Brown Admn 31-Aug-2000
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 . .
Appealed to – North West Estates Plc v Buckinghamshire County Council CA 22-May-2003
There had been many attempts to enforce and resist enforcement of a planning notice.
Held: The landowner was not entitled now to challenge the application for injunctive relief, where he had not appealed the validity of the enforcement notice. . .
Cited – Mansi v Elstree Rural District Council QBD 1964
The local planning authority served an enforcement notice reciting that the appellant had changed the use of a glasshouse on a nursery garden from use for agricultural purposes to the use for the sale of goods and requiring the appellant to . .
Cited – Regina v Wicks HL 21-May-1997
Criminal proceedings, forming part of the general scheme of enforcement of planning control contained in Part VII of the Act, had been taken.
Held: The validity of a planning enforcement notice must be challenged in civil proceedings, not . .
Cited – Kingston London Borough Council v Environment Secretary 1973
Planning was granted for the rebuilding of a railway station on condition that the land allocated for parking should be made available for such purposes at all times and used for no other purpose. The station was duly rebuilt but the car park was . .
Cited – Regina v Basildon District Council Admn 1996
The essence of the section 187B procedure is to achieve a speedy resolution of a planning problem. The courts have repeatedly emphasised that the injunction proceedings are not to be used as an opportunity to re-argue the planning merits of the case . .
Cited – Porter, Searle and Others, Berry and Harty v South Buckinghamshire District Council, Chichester District Council, Wrexham County Borough Council, Hertsmere Borough Councilt CA 12-Oct-2001
Local authorities had obtained injunctions preventing the defendants from taking up occupation, where they had acquired land with a view to living on the plots in mobile homes, but where planning permission had been refused. The various defendants . .
Cited by:
See also – Buckinghamshire County Council v Secretary of State for Environment, Transport and Regions and Brown Admn 31-Aug-2000
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 . .
Cited – North West Estates Plc v Buckinghamshire County Council CA 22-May-2003
There had been many attempts to enforce and resist enforcement of a planning notice.
Held: The landowner was not entitled now to challenge the application for injunctive relief, where he had not appealed the validity of the enforcement notice. . .
Lists of cited by and citing cases may be incomplete.
Planning, Human Rights
Updated: 13 December 2021; Ref: scu.174319
