The council issued enforcement notices in respect of an unauthorised use of land. An amenity notice was also issued and an appeal was entered. At an interlocutory hearing, the prosecutions were agreed to be dropped, and one of the land users alleged that the council’s solicitor agent agreed also to with draw the enforcement notices. When the council sought to revive the enforcement by way of injunction, the defendant said that they were bound by the agreement of their officer who had the ostensible authority of the council.
Held: Whilst the solicitor would have the general authority of the council, he would need explicit authority to bind the council to withdrawing the enforcement notices which were charges on the land, and would continue to affect the land even after a transfer. He did not have such an explicit authority, and the council could proceed with the enforcement.
Judges:
Harrison J
Citations:
Gazette 26-Jul-2001
Statutes:
Town and Country Planning Act 1990 187B 215
Jurisdiction:
England and Wales
Legal Professions, Planning, Local Government, Estoppel
Updated: 26 November 2022; Ref: scu.159505