Enforcement notice
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James Hay Pension Trustees Ltd v First Secretary of State and another
Planning permission — Certificate of lawful use — Material change of use in breach of planning control — Council issuing enforcement notice — Claimant applying for lawful development certificate –…
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Mid Suffolk District Council v First Secretary of State and another
Planning permission — Change of use — Permission ambiguous as to location of development site — Inspector deciding that permission relating to appeal site — Inspector treating stationing of café…
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Arun District Council v First Secretary of State and another
Planning permission — Council granting conditional permission for extension — Restriction upon use as single dwelling — Breach of condition — Council issuing enforcement notice — Whether condition valid and…
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PP 2005/32
In a prosecution for failure to comply with an enforcement notice, a landowner has a statutory defence if it can demonstrate that it did everything within its power to comply…
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R (on the application of McKay) v First Secretary of State and another
Enforcement notice — Appeal — Original notice withdrawn and replaced — Appellant mistakenly putting date of original notice on appeal form — Whether High Court correct in confirming invalidity of…
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Wycombe District Council v Wells
Non-compliance with enforcement notice — Notice requiring removal of mobile home from land owned by gypsy — Appellant council laying information — Magistrates finding defence made out where respondent had…
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R (on the application of Nicholson) v First Secretary of State and another
Development — Agricultural purposes — Construction of outbuilding — Demolition and replacement of wall — Council requiring removal of building and lowering of wall –Whether structures within scope of permitted…
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McKay v First Secretary of State and another
Enforcement notice — Appeal — Original notice withdrawn and replacement issued — Claimant mistakenly putting date of original notice on appeal form — Whether appeal valid — Claim dismissed
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Fairstate Ltd v First Secretary of State and another
Change of use — Breach of planning control — Enforcement action — Temporary sleeping accommodation — Time limit for taking enforcement action — Whether inspector’s decision to dismiss enforcement appeal…
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Sanders and another v First Secretary of State and another
Change of use — Enforcement notice — Time limit for taking enforcement action — Second-bite provisions — Whether consideration of specific uses relevant to second-bite provisions — Whether alleged breach…
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R (on the application of Cobbledick) v First Secretary of State and another
Planning appeal — Costs — Temporary timber structure erected on high street — Inspector ruling that council wrong to issue enforcement notice — Whether secretary of state wrong to award…
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Sevenoaks District Council v First Secretary of State and another
Planning permission — Golf course — Conditions — Approval of details — Claimant council issuing enforcement notice for failure to comply with approved details — Whether right to imply further…