Source: All England Reporter
Publisher Citation: [2006] All ER (D) 197 (Apr)
Court: Queen's Bench Division (Administrative Court)

Ouseley J

Representation Richard Drabble QC and Marc Willers (instructed by the Community Law Partnership) for the claimants.
  David Elvin QC and Reuben Taylor (instructed by Lorraine Brown) for the local planning authority.
Judgment Dates: 12 April 2006


Town and country planning - Enforcement notice - Contravention - Direct action to remedy contravention of enforcement notice - Circumstances in which action in effect a residential eviction - Whether use of power in such circumstances necessarily disproportionate - Appropriate matters to be taken into account by local planning authority - Whether defendant having regard to all material considerations - , s 178.

The Case

The use of direct action under s178 of the to remedy a breach of an enforcement notice in circumstances which amounted to a residential eviction could not be necessarily described as wrong or disproportionate.

Practice Areas

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