Source: All England Reporter
Publisher Citation: [2012] All ER (D) 64 (Feb)
Neutral Citation: [2012] EWHC 174 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge: Lord Justice Richards and Mr Justice Maddison
Representation Richard Kimblin (instructed by Wilson Browne LLP) for the claimant.
  Simon Butler (instructed by Kettering Borough Council Legal Department) for the interested party.
Judgment Dates: 9 February 2012

Catchwords

Town and country planning - Enforcement Notice - Appeal against notice - Local planning authority issuing enforcement notice against claimant - Authority laying informations before justices alleging breaches of enforcement notice - Claimant contending prosecution being abuse of process - Justices rejecting submission and claimant changing plea to guilty - Whether justices erring in rejecting claimant's submission.

The Case

Town and country planning Enforcement Notice. The Divisional Court held that despite a defect in the enforcement notice issued by the local planning authority, the justices had been entitled to find that the claimant did not have a reasonable reason for omitting to exercise his right under of the Town and Country Planning Act 1990 to appeal against the enforcement notices and to reject the claimant's submission that the prosecution for breach of the enforcement notice was an abuse of the process of the court.

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