Secretary of State for Environment Transport and the Regions and Another v Wyatt Brothers (Oxford) Ltd: CA 26 Oct 2001

The applicants were granted permission to construct a golf course and other facilities. They were then served with enforcement notices requiring them to remove waste materials deposited on the site. They appealed contending that the notices went beyond that required to comply with the planning permission.
Held: It was proper for the notices to require the land to be re-instated. Where a party chose not to pursue his appeal under 172(2)(a), he could not introduce general planning considerations as an objection. The power for an inspector to amend a notice was wide, but remained in the nature of a slip rule, and he could not use it substantially to re-write the notices.


Kennedy, Mummery, Sedley LJJ


Gazette 08-Nov-2001, [2001] EWCA Civ 1560




Town and Country Planning Act 1990 172(2)(a)


England and Wales


Updated: 04 June 2022; Ref: scu.166841