Archive for the 'enforcement notices' Category

Fidler v Secretary of State for Communities and Local Government and another – WLR Daily

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin); [2010] WLR (D) 38

“Where the construction of an house without planning permission had been concealed by the erection of straw bales and a tarpaulin which had been left in place for over four years after the completion of the house, so that the local planning authority did not become aware of the house until after expiry of that four-year period, the totality of building operations originally contemplated and intended to be carried out by the builder included the erection and removal of the straw bales, with the result that construction had not been substantially completed until the bales had been removed and the four-year period for enforcement had not begun to run until that date.”

WLR Daily, 15th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

London Borough of Haringey v Secretary of State for Communities and Local Government and another – WLR Daily

London Borough of Haringey v Secretary of State for Communities and Local Government and another [2008] EWHC (QB); [2008] WLR (D) 145

“In holding that there were material considerations that warranted a departure from the claimant’s statutory development plan under s 38 of the Planning and Compulsory Purchase Act 2004, the inspector appointed by the first defendant had made a material error of fact amounting to an error in law when he granted planning permission under s 174(2)(a) of the Town and Country Planning Act 1990 to the second defendant for the unauthorised use for education, training and worship of a unit in premises within an area designated by the claimant in its development plan as a ‘defined employment area industrial location’.”

WLR Daily, 10th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Goodall v Peak District National Park Authority – WLR Daily

Goodall v Peak District National Park Authority; [2008] WLR (D) 99

“The 28 day time limit for appealing against an enforcement notice prescribed by s174(3) of the Town and Country Planning Act 1990 was not incompatible with the right to a fair trial guaranteed by art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 9th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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