Source: All England Reporter
Publisher Citation: [2002] All ER (D) 53 (Mar)
Court: Administrative Court

Richards J

Representation Robert Hill (instructed by The Ring Rose Law Group, Boston) for the appellant.
  Thomas Cosgrove (instructed by Ann Heard, Manby) for the authority.
Judgment Dates: 6 March 2002


Town and country planning - Enforcement notice - Appeal against notice - Statutory defence - Vendor selling land at reduced price to allow for compliance with enforcement notice - Sale not registered before expiration of period for compliance with notice - Whether bona fide sale before expiration of period for compliance sufficient to establish statutory defence - s 179(3).

The Case

The bona fide sale of land prior to the expiration of the prescribed period for compliance with a planning enforcement notice was not necessarily sufficient of itself to afford the vendor a defence under s179(3) of the when registration of the transaction did not occur until after the expiration of that period.

Practice Areas

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