The appellant took a site in a residential area on which were certain buildings, including a workshop. The appellant applied for permission to replace the existing buildings with a new workshop and garage, but was refused. He nevertheless went ahead and, having demolished the existing buildings, erected new buildings in which he started a manufacturing business. The Planning Authority, in exercise of the powers under the town and Country Planning Act 1968 15 served notice on him requiring demolition of the unauthorised buildings and to discontinue the unauthorised use. He objected on the ground that because it did not require the redirection of the buildings which the appellant had demolished, it had failed to comply with the requirements of section 15 (5) (b) of the 1968 Act that it should specify ‘the steps required by the authority to be taken for the purpose of restoring the land to his condition before the development took place’
Held: (1) the steps which had to be specified by the notice were those required to remedy the breach of planning control. The demolition of the old buildings was not a breach of planning control; the only breach was the erection of the new buildings and their unauthorised use. Accordingly the notice was valid since it required the appellant to remedy that breach and specified the steps that he had to take; (2) furthermore the words ‘the steps required by the authority to be taken’ in section 15(5)(b) gave the authority a discretion to decide what steps were necessary, and they were only obliged to specify in the notice such steps as they had decided where necessary. It was therefore within their discretion to require the appellant to do no more than pull down the new buildings and cease the unauthorised use.
[1972] 3 All ER 883, [1972] 1 WLR 1437, 13 JP 28, 116 Sol Jo 665, (1972) 26 P and CR 553
England and Wales
Cited by:
Cited – Cambridge City Council v Secretary of State for the Environment and Milton Park Investments Ltd 1992
D. wanting to develop an office block, bought neighbouring semi-detached houses hoping to provide additional car parking, enhancing the visual aspects and improving highway safety. When temporary planning consent for use of these properties as site . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 09 November 2021; Ref: scu.669175
