WARNING: References in the article to estoppel must now be read in the light of the observations of the House of Lords in R (on the application of East Sussex Council) v Reprotech (Pebsham) Ltd [2002] UKHL 8; [2002] 10 EG 158 (CS): see
Q I have been served with an enforcement notice, which, on its face, is quite correct. What I am really upset about are the things the council did and said in the months leading up to the notice. Can these be the subject of a legal challenge?
A Assuming that there was no procedural irregularity, there may, depending upon the facts, be a case for contending that the council were: (a) actuated by a non-planning purpose; (b) estopped by earlier representations or proceedings; or (c) contravening the recently imported doctrine of proportionality (ie going over the top). Your situation may not be too far removed from one or more of those considered by Martin Edwards and John Martin in Enforcement notice Estates Gazette 16 December 2000, p96.
WARNING: References in the article to estoppel must now be read in the light of the observations of the House of Lords in R (on the application of East Sussex Council) v Reprotech (Pebsham) Ltd [2002] UKHL 8; [2002] 10 EG 158 (CS): see PP 2002/86
