“A person having an interest in the land to which an enforcement notice relates or a relevant occupier may appeal to the Secretary of State against the notice, whether or not a copy of it has been served on him”: section 174(1) of the Town and Country Planning Act 1990.
If a would-be appellant’s connection with the land is somewhat tenuous – and even more so if it has changed over the course of the enforcement process – it will pay you to take a look at R (on the application of Benham Crosswell) v Secretary of State for the Environment, Transport and the Regions [2001] EWHC Admin 146;[2001] EGCS 30, where the words italicised above were carefully scrutinised by Penry-Davey J.
“A person having an interest in the land to which an enforcement notice relates or a relevant occupier may appeal to the Secretary of State against the notice, whether or not a copy of it has been served on him”: section 174(1) of the Town and Country Planning Act 1990.
If a would-be appellant’s connection with the land is somewhat tenuous – and even more so if it has changed over the course of the enforcement process – it will pay you to take a look at R (on the application of Benham Crosswell) v Secretary of State for the Environment, Transport and the Regions [2001] EWHC Admin 146;[2001] EGCS 30, where the words italicised above were carefully scrutinised by Penry-Davey J.
