Definition of “owner” in section 179 of the Town and Country Planning Act 1990
Definition of “owner” in section 179 of the Town and Country Planning Act 1990
Q An enforcement notice is served on A, the registered proprietor of the site in question. During the period laid down for compliance, A conveys the site to B, but is still shown as registered proprietor when that period expires. The council take magistrates’ court proceedings against A for non-compliance. Can A contend that, at the material time, he had ceased to be the “owner” within the meaning of section 179 of the Town and Country Planning Act 1990?
A No: see East Lindsey District Council v Thompson [2001] EWHC Admin 81; [2001] EGCS 22, holding that the definition of owner in section 336 of the Act should, as far as possible, be construed so as to accord with the provisions of the Land Registration Act 1925.
