The council brought proceedings alleging breach of a planning notice. The defendant applied for a lawful development certificate, and upon it being granted the council withdrew the proceedings. Later it came to the conclusion that the defendant had misrepresented the extent of the use, and there were complaints about the noise. They withdrew the certificate, and sought to issue new proceedings, but based on the same situation. The defendant pled autrefois acquit. It was held that the prosecution could proceed. No adjudication on the merits had been made, and the withdrawal was merely administrative. The plea of autrefois acquit was not made out.
Citations:
Gazette 21-Jun-2001
Planning, Crime
Updated: 08 April 2022; Ref: scu.82434