The applicants appealed an enforcement notice, with regard to a change of use, to use land for a multiplicity of businesses. The inspector had suggested he would correct by amendment an error in the notice. The section provided that an amendment could be made unless it caused injustice. The applicant argued that an amendment could not go to the heart of the notice. This was a misinterpretation of the earlier case law and was not justified by the statute.
Citations:
[1997] EWHC Admin 288
Statutes:
Town and Country Planning Act 1990 176
Jurisdiction:
England and Wales
Citing:
Cited – Miller-Mead v Minister for Housing and Local Government and Another CA 1963
The court considered the power of the Secretary of state to vary or amend an enforcement notice under the Act.
Held: He could amend a notice which was otherwise invalid but not one which was upon its face a nullity. Lord Denning MR said: ‘He . .
Cited – Regina v Secretary of State for the Environment ex parte Ahern 1989
. .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 11 May 2022; Ref: scu.137233
