The owner of a listed building obtained consent for certain works, but the local authority failed to notify the Secretary of State. Later the works were to be started, and the authority claimed that the consent was void, and sought an injunction. It was held that the injunction was capable of being granted under the clear words of the Act, and it was the clear duty of the authority in the circumstances to seek an injunction. The fact that they were at fault did not absolve them of that duty.
Citations:
Gazette 06-Apr-2000
Statutes:
Planning (Listed Buildings and Conservation Areas) Act 1990
Jurisdiction:
England and Wales
Planning, Litigation Practice
Updated: 10 May 2022; Ref: scu.80499
