Renewed enforcement notices still had to be issued within a ten year period. A previous enforcement action taken by authority, needed itself to have been valid if it was to be used as a basis for keeping time running. ‘The breach of planning control alleged by the ‘second bite’ enforcement notice under section 171B(4) has to be the same breach as that alleged in the first defective enforcement notice…’ An immunity accrued under the previous statutory provisions was not prejudiced by the 1991 provisions.
Judges:
Jeremy Sullivan QC
Citations:
Gazette 28-Feb-1996, Times 07-Feb-1996, 69 P and CR 630, [1996] 1 PLR 103
Statutes:
Town and Country Planning Act 1990 171B(4)(b)
Jurisdiction:
England and Wales
Planning
Updated: 27 October 2022; Ref: scu.90508
