Source: All England Reporter
Publisher Citation: [2010] All ER (D) 169 (Feb)
Neutral Citation: [2010] EWHC 3617 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Elias LJ and Calvert Smith J (Judgment delivered extempore)
Representation James Pereira (instructed by HSCO Solicitors, St. Albans) for the appellant.
  The authority did not appear and was not represented.
Judgment Dates: 16 February 2010

Catchwords

Town and country planning - Enforcement notice - Contravention - Respondent local planning authority issuing enforcement notice in respect of land occupied by appellant and owned by wife - Notice requiring removal of mobile home and associated units and for land to be restored to original condition - Wife being convicted of planning offence as owner of land - Appellant being convicted of different offence - Judge stating that appellant failing to remove mobile home and associated units and not ceasing to live on land - Whether judge correct - s 179.

The Case

Town and country planning Enforcement notice. The Divisional Court, in allowing the instant case stated appeal, emphasised the important distinction which ran through the enforcement provisions of the between on the one hand requiring something to be removed from land and on the other the cessation of an activity taking place on that land in circumstances where the appellant, an occupier of land, had had his conviction for an offence under s179(4) thereof quashed.

Practice Areas

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