Source: All England Reporter
Publisher Citation: [2006] All ER (D) 34 (Dec)
Court: Queen's Bench Division (Administrative Court)
Judge:

Judge Gilbart QC sitting as a judge of the High Court
Representation Christopher Boyle (instructed by Lawrence Graham LLP) for the appellant.
  Charles Bourne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 4 December 2006

Catchwords

Town and country planning - Enforcement notice - Appeal against notice - Notice issued in respect of erection of dwelling and change of used without planning permission - Enforcement notice issued more than four years after erection of dwelling - Inspector finding earlier enforcement notice issued in respect of same development - Whether inspector in error - , s 171B.

The Case

In the circumstances of the case, the Secretary of State's inspector had been entitled to conclude that an enforcement notice issued against the appellant concerned the same unauthorised development as an earlier enforcement notice which had been declared invalid, and that therefore the provisions of s171B(4)(b) of the applied so that the later notice had not been issued out of time.

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