Source: All England Reporter
Publisher Citation: [2002] All ER (D) 77 (Oct)
Court: Administrative Court
Judge:

Sullivan J

Representation Timothy Corner QC (instructed by Hewitson Becke Shaw) for the claimant.
  Paul Brown (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 7 October 2002

Catchwords

Town and country planning - Enforcement notice - Validity - Claimant purchasing land with benefit of planning permission - Previous owner not complying with conditions imposed by permission - Claimant applying to retain use granted by earlier condition, without specific condition - Planning authority granting new permission without conditions - Claimant challenging validity of enforcement proceedings - Secretary of State determining conditions from earlier permission still extant - Whether inspector entitled to have regard to earlier permission.

The Case

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