| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 267 (Jul) |
| Court: | Queen's Bench Division |
| Judge: | Eady J |
| Representation | Reuben Taylor (instructed by Anne Halligey, Mid Sussex) for the claimant. |
| The defendant appeared in person. | |
| Judgment Dates: | 20 July 2001 |
Catchwords
Town and country planning - Enforcement notice - Validity - Claimant issuing enforcement notice against defendant - Defendant's appeal against notice failing - Claimant seeking injunction to require compliance with notice - Defendant contending notice unlawful - Whether defendant prevented from challenging validity of notice - ss 174 and 285.
The Case
It was not open to the defendant, in proceedings by the local planning authority for an injunction requiring compliance with an enforcement notice, to argue that the notice was unlawful, since that matter had previously been raised on an unsuccessful appeal against the notice and, by virtue of s285 of the the court could not re-examine it.
Practice Areas
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