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. The judge at first instance had accepted the validity of the enforcement notice at face value. The workshop was within the land specified in the enforcement notice. That which the enforcement notice says has to be done to comply with it, must be done by the landowner. That requires the removal of the workshop. The next question is whether there is any good ground for not exercising discretion to enforce the notice. There was no good reason for not enforcing it and every good reason why this long sorry chapter should now be brought to a conclusion.
Judges:
Ward, Laws, Jonathan Parker LJJ
Citations:
[2003] EWCA Civ 719, Times 11-Jun-2003
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Buckinghamshire County Council v North West Estates plc and others ChD 31-May-2002
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 . .
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 – Davy v Spelthorne Borough Council HL 13-Oct-1983
Although section 243(1)(a) provides that the ‘validity’ of an enforcement notice is not to be questioned except as therein provided, the word ‘validity’ is evidently not intended to be understood in its strict sense. It is used to mean merely . .
Cited – Burdle v Secretary of State for the Environment QBD 22-Jun-1972
The appellants had purchased land which had been used as a dwelling with a lean-to annex which had been used as a scrap yard, selling off car parts. The appellant had reconstructed the annex with a shop front, and began to use it more substantially . .
Cited by:
Appealed to – Buckinghamshire County Council v North West Estates plc and others ChD 31-May-2002
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 . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 07 June 2022; Ref: scu.182348