||All England Reporter
|| All ER (D) 61 (Mar)
|| EWHC 3522 (Admin)
||Queen's Bench Division, Administrative Court (London)
||Tim Mould QC for the claimant.
||Paul Greatorex for the Secretary of State.
||4 December 2009
Town and country planning - Enforcement notice - Appeal against notice - Construction of glass balustrade around flat roof at rear of property without planning permission - Local authority serving enforcement notice requiring removal of balustrade - Secretary of State's inspector allowing appeal against notice relying on provisions concerning permitted development rights - Whether inspector correct - Town and Country Planning (General Permitted Development) Order 1995, , art 3(5), Sch 2, Class C1.
Town and country planning Enforcement notice. The Administrative Court held, allowing the instant application for judicial review, that the Secretary of State's inspector had gone wrong in allowing an appeal against an enforcement notice which had been issued by the local authority in respect of a glass balustrade that had been erected around a flat roof at the rear of a new dwelling house, next-door to the claimant's property. Certain of the inspector's conclusions could not be reconciled and there had been no specific use of the Town and Country Planning (General Permitted Development) Order 1995, , in lawful circumstances, once the appeal had come before the inspector.
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