Source: All England Reporter
Publisher Citation: [2007] All ER (D) 311 (Dec)
Court: Queen's Bench Division, Administrative Court
Judge:

Mitting J

Representation Robin Green (instructed by Ian Marshall) for the authority.
  Stephen Cottle (instructed by the Community Law Partnership) for the second and third defendants.
Judgment Dates: 19 December 2007

Catchwords

Town and country planning - Enforcement notice - Appeal against notice - Gypsy site on green belt - Local authority issuing enforcement notice - Occupants appealing to Secretary of State - Inspector recommending five years' planning permission be granted - Authority appealing - Secretary of State conceding inspector erring in law - Occupants seeking to uphold inspector's decision - Whether inspector erring in law - Town and Country Planning Act, s 288

The Case

The Secretary of State's inspector had erred in his interpretation of the law when considering the lawfulness of the local authority's enforcement notices concerning the second and third defendants' caravans on a site in the green belt.

Practice Areas

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