| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 197 (Apr) |
| Court: | Queen's Bench Division (Administrative Court) |
| Judge: | Ouseley J |
| Representation | Richard Drabble QC and Marc Willers (instructed by the Community Law Partnership) for the claimants. |
| David Elvin QC and Reuben Taylor (instructed by Lorraine Brown) for the local planning authority. | |
| Judgment Dates: | 12 April 2006 |
Catchwords
Town and country planning - Enforcement notice - Contravention - Direct action to remedy contravention of enforcement notice - Circumstances in which action in effect a residential eviction - Whether use of power in such circumstances necessarily disproportionate - Appropriate matters to be taken into account by local planning authority - Whether defendant having regard to all material considerations - , s 178.
The Case
The use of direct action under s178 of the to remedy a breach of an enforcement notice in circumstances which amounted to a residential eviction could not be necessarily described as wrong or disproportionate.
Practice Areas
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