There is no inherent restriction on the powers in section 178 to prevent a planning authority using them for the purposes of evicting people using land for a residential purpose in breach of an enforcement notice which had taken effect. It would not always be disproportionate to use them for that purpose. The court set out the legislative context of section 178, and section 187B which enables a planning authority to apply for an injunction to prevent breaches of planning control whether or not an enforcement notice had taken effect or had even been issued.
Judges:
Ouseley J
Citations:
[2006] EWHC 1346 Admin
Statutes:
Town and Country Planning Act 1990 178
Jurisdiction:
England and Wales
Cited by:
Cited – Lisa Smith, Regina (on the Application of) v South Norfolk Council Admn 10-Nov-2006
The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 17 May 2022; Ref: scu.245988