The appellant, a woman of gypsy descent had been fined for breach of a planning enforcement order. The crown court judge had concluded cursorily that her planning appeal was hopeless and simply designed to frustrate the local authority. By the time the matter reached the appellate court the appeal had been decided in her favour.
Held: The appeal succeeded. The judge had been wrong not to grant the application for an adjournment pending the inspector’s decision, which could have realistically been expected to be handed down within a matter of weeks. The fine imposed was in any event grossly excessive and a much lower amount was substituted.
Citations:
(1987) 54 PCR 222, [1987] JPL 851
Jurisdiction:
England and Wales
Cited by:
Cited – Broxbourne Borough Council v Robb and Others QBD 27-Jun-2011
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land.
Held: The application . .
Lists of cited by and citing cases may be incomplete.
Planning, Crime
Updated: 03 September 2022; Ref: scu.441230