Source: All England Reporter
Publisher Citation: [2011] All ER (D) 122 (Jan)
Neutral Citation: [2011] EWCA Civ 112
Court: Court of Appeal, Civil Division
Judge:

Carnwath, Rimer and Sullivan LJJ (judgment delivered extempore)

Representation Charles George QC and Jeremy Pike QC (instructed by William Innes) for the claimant.
  Lisa Busch (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 19 January 2011

Catchwords

Town and country planning - Enforcement of planning control - Appeal against enforcement notice - Local planning authority alleging breach of planning control at premises in which claimant having lease - Claimant appealing notice on four grounds - Secretary of State's inspector deciding not to quash notice - Claimant challenging inspector's decision - Judge upholding inspector's decision - Whether use of car park at premises by any member of public in accordance with condition of planning permission - .

The Case

Town and country planning Enforcement of planning control. In proceedings brought under s289 of the the Court of Appeal, Civil Division, found that there was a breach of planning control as car parking at a premises, a block of flats in south London, was for the owners of those dwellings. Car parking by the owners of properties located elsewhere in London was not incidental to the enjoyment of a dwelling house or flat and they were therefore in breach of a condition of the relevant planning permission.

Practice Areas

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