The Council appealed a decision of the Assembly extending time for compliance with an enforcement notice from two months to two years. They believed that an error of law had occurred insofar as a 1973 permission had expired. The only works undertaken within the initial five year period were of demolition. The Act as it was required some form of construction, but that Act was amended to include works of demolition.
Held: The inspector had erred in including preparatory works of demolition within possible works of construction. It was wrong to have recourse to the 1991 Act in construing earlier legislation. The statutory provision in issue in London v Marks and Spencer was materially different, the House had not held that ‘demolition’ could be ‘construction’.
 EWHC Admin 694
Town and Country Planning Act 1990 56, Planning and Compensation Act 1991
Cited – London County Council v Marks and Spencer Ltd CA 1952
While demolition works as such did not require planning permission, works which comprised demolition, site clearance and the erection of a new building on the site were operations for which planning permission would have been required but for the . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2021; Ref: scu.166284