Source: All England Reporter
Publisher Citation: [2015] All ER (D) 118 (May)
Neutral Citation: [2015] EWHC 1367 (Admin)
Court: Queen's Bench Division, Planning Court

Foskett J

Representation Scott Stemp (instructed by Head of Legal Services, Elmbridge Borough Council) for the claimant.
  The Secretary of State did not appear and was not represented.
  Andrew Fraser-Urquhart QC (instructed by Wedlake Bell LLP) for the second defendant.
Judgment Dates: 14 May 2015


Town and country planning - Enforcement notice - Appeal against notice - Claimant local planning authority challenging decision of inspector appointed by first defendant Secretary of State varying enforcement notice issued to second defendant - Whether inspector having power to make variation - .

The Case

Town and country planning Enforcement notice. The claimant local planning authority challenged the decision of the inspector appointed by the first defendant Secretary of State, varying an enforcement notice issued to the second defendant to require compliance with previously granted planning permission. The Planning Court, in allowing the application, held that it could not clearly be determined that the issue of whether the prior permission had still been extant had been addressed explicitly and an unambiguous decision reached. Further, the inspector had not had the power to act as he had in the particular circumstances.

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