Source: All England Reporter
Publisher Citation: [2015] All ER (D) 88 (Jul)
Neutral Citation: [2015] EWHC 1654 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Holgate J

Representation Saira Sheikh QC and Ned Westaway (instructed by Fortune Green Legal Practice Ltd) for the appellant.
  Gwion Lewis (instructed by the Government Legal Department) for the Secretary of State.
  Scott Stemp (instructed by Spelthorne Borough Council) for the authority.
Judgment Dates: 17 April 2015


Town and country planning - Enforcement notice - Appeal against notice - Appellant appealing against decision of inspector appointed by first respondent Secretary of State dismissing appeal against second respondent local authority's issue of enforcement notice - Whether appellant's right to property requiring amendment of enforcement notice to protect possible future use - Whether inspector failing to consider relevant considerations - European Convention on Human Rights, First Protocol, art 1.

The Case

Town and country planning Enforcement notice. The appellant appealed against the decision of the inspector appointed by the first respondent Secretary of State, dismissing its appeal against the second respondent local authority's issue of an enforcement notice. The Planning Court, in dismissing the appeal, held that art 1 of the First Protocol to the European Convention on Human Rights had not required that the enforcement notice should have been amended so as to protect against the possibility that the structures could in future be used for residential purposes. Further, the inspector had not failed to have regard to relevant matters.

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