Planning enforcement: Ahmed v Secretary of State for Communities and Local Government
This recent High Court case concerned an appeal against a planning enforcement notice. The decision reinforced the principle that the primary purpose of the planning enforcement regime is to remedy breaches of planning control rather than punish the perpetrator. The planning enforcement notice required the demolition of a building that was not constructed in accordance with the approved scheme for the building for which planning permission had been granted.
The appellant’s appeal included an argument under ss.174(f) and 176(1) of the Town and Country Planning Act 1990 that the notice exceeded what was necessary to remedy the breach and should instead require the development to be modified to comply with the original planning permission.
However, the inspector rejected this argument on the basis that the original permission had lapsed since the approved scheme had not been implemented within five years. There was therefore no extant planning permission upon which the building could rely…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Mills & Reeve
News from The Lawyer
Briefings from Mills & Reeve
The Court of Appeal has handed down its decision in Mitchell v News Group, resolving recent uncertainty about the implementation of Jackson reforms — at least for the time being.
There is an implied term allowing a paying responding party under an adjudication award six years from the date of payment to challenge the adjudicator’s decision.
Analysis from The Lawyer
The trend for unbundling legal work is advancing through the law firm ranks but there is still resistance in some quarters - namely in-house. We asked why