Brooke LJ contrasted a ‘purist’ approach and a ‘pragmatic’ approach to questions of planning enforcement and preferred the pragmatic approach: ‘Anyone who had any experience of the operation of the former law relating to the enforcement of planning control knows that it was disfigured by time-consuming litigation over technicalities, raised by determined litigants who sought to evade the effects of enforcement action taken against them by local planning authorities on behalf of their local communities. From time to time, there were judicial explosions on the topic.’ and
‘I am quite satisfied that one of parliament’s main purposes in 1991, in overhauling Part II of the 1990 Act, was to spare those like Mr Eyre the pain of returning to those arid technicalities.’
Judges:
Brooke LJ
Citations:
[2000] EWCA Civ 126, [2000] 2 PLR 126
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Jarmain v Secretary of State for Environment, Transport and Regions Welwyn Hatfield District Council QBD 12-Mar-1999
Where an authority sought to enforce a planning notice a second time, against substantially the same structure, there was no need for the property to be described identically in each notice, in order for the Act’s provisions to be brought into . .
Cited by:
Cited – Fowles v Heathrow Airport Ltd ChD 15-Feb-2008
The landlord had opposed the tenant’s application to renew his tenancy, and the tenant also claimed title to additional land by adverse possession. The tenant asserted various business uses, some of which the landlord denied. The landlord went into . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 31 May 2022; Ref: scu.147159
