Source: All England Reporter
Publisher Citation: [2012] All ER (D) 234 (Oct)
Neutral Citation: [2012] EWHC 2908 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Belinda Bucknall QC sitting as a deputy High Court judge

Representation Michael Rudd (instructed by R. J. Hawksley & Co) for the claimant.
  Christiaan Zwart (instructed by the Treasury Solicitor) for the Secretary of State.
  Edmund Robb (instructed by Prospect Law Ltd) for the local authority.
Judgment Dates: 22 October 2012

Catchwords

Town and country planning - Enforcement notice - Appeal against notice - Claimant building 22 mobile homes on site - Second respondent local authority subsequently issuing two enforcement notices and refusing a retrospective planning permission application - First respondent Secretary of State instructing inspector to investigate - Inspector upholding decisions of authority - Claimant appealing - Whether inspector erring - , .

The Case

Town and country planning Enforcement notice. The claimant had built 22 mobile homes on land (the site) which he owned but the development of which resulted in the clearing of preserved trees and associated wildlife habitat. The Secretary of State had instructed an inspector to investigate the matter following the claimant appealing against two enforcement notices and a refusal against planning permission decision made by the local authority which administered the area to which the site was located. The inspector upheld the decisions of the local authority. The Administrative Court in considering the claimant's applications for an order quashing refusal of planning permission and leave to appeal against the enforcement notices, held, inter alia, that the inspector's approach in reaching his conclusions were not flawed or unreasonable.

Practice Areas

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