South Ribble BC and Taylor
South Ribble BC and Taylor
- 1995
- Planning Appeal Decisions (1995) 10 PAD 24-37 .
19 July 1994. Enforcement notice - change of use to processing, bottling and distribution depot for milk and fruit juices - whether notice failed to state the breach of planning control - whether capable of being corrected - whether bottling etc took place before 1983 - importation of milk - pasteurisation - activities neither de minimis nor ancillary - appropriate planning unit - whether intensification - defective notice - not correctable without injustice - void for uncertainty - costs - whether unreasonable to rely on notice which was a nullity - whether unreasonable to apply law wrongly to agreed evidence - appellant not required to argue notice a nullity after service but before inquiry - Council`s conduct unreasonable in several respects. (Headnote from journal).
CHANGE OF USE
ENFORCEMENT NOTICE
PLANNING CONTROLS
19 July 1994. Enforcement notice - change of use to processing, bottling and distribution depot for milk and fruit juices - whether notice failed to state the breach of planning control - whether capable of being corrected - whether bottling etc took place before 1983 - importation of milk - pasteurisation - activities neither de minimis nor ancillary - appropriate planning unit - whether intensification - defective notice - not correctable without injustice - void for uncertainty - costs - whether unreasonable to rely on notice which was a nullity - whether unreasonable to apply law wrongly to agreed evidence - appellant not required to argue notice a nullity after service but before inquiry - Council`s conduct unreasonable in several respects. (Headnote from journal).
CHANGE OF USE
ENFORCEMENT NOTICE
PLANNING CONTROLS