Source: All England Reporter
Publisher Citation: [2012] All ER (D) 75 (Dec)
Court: Court of Appeal, Civil Division

Mummery, Patten LJJ and Sir Scott Baker (judgment delivered extempore)

Representation Harriet Townsend (instructed by Legal Services Department, Oxfordshire County Council) for the authority.
  Ned Westaway (instructed by Bark & Co Solicitors) for the brothers.
Judgment Dates: 7 December 2012


Town and country planning - Enforcement of planning control - Civil remedy - Committal - Waste unlawfully disposed of on land owned by company in 1990s - Brothers being directors of company - Claimant local planning authority issuing enforcement notices - Appeals against enforcement notices unsuccessful - Order being made in High Court requiring removal of waste and seeding on site - Order not complied with - Order for committal sought in July 2008 - Brothers subsequently found guilty of contempt and given suspended sentences - Authority applying in July 2011 to have sentences activated - Applications being adjourned subject to conditions on several occasions - High Court subsequently ordering committal - Brothers appealing - Whether brothers could reasonably comply with terms of order - Whether public interest considerations dictating against prison sentence - Whether judge failing to take into account brother's personal circumstances.

The Case

Town and country planning Enforcement of planning control. The Court of Appeal, Civil Division, dismissed an appeal against an order for committal, in circumstances where the defendant brothers had failed to comply with planning enforcement notices over many years.

Practice Areas

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