R v Basildon DC ex parte Clarke
R v Basildon DC ex parte Clarke
- 1996
- Journal of Planning and Environment Law [1996] JPL 866-870(5) .
QBD 21 December 1995. Enforcement notice - non compliance - injunctive proceedings - judicial review - injunction granted compliance suspended pending leave for review - excessive delay - whether County Court could deal with complaint of substance about the terms of of the local authority resolution - HELD County Court Judge in the exercise of his discretion could properly take into account procedural errors which differed from the issue of planning merits. The Court`s powers in respect of injunctive relief are inherently discretionary. (HEADNOTE FROM JOURNAL)
ENFORCEMENT NOTICE
EXCESSIVE DELAY
R V BASILDON DC EX P CLARKE
QBD 21 December 1995. Enforcement notice - non compliance - injunctive proceedings - judicial review - injunction granted compliance suspended pending leave for review - excessive delay - whether County Court could deal with complaint of substance about the terms of of the local authority resolution - HELD County Court Judge in the exercise of his discretion could properly take into account procedural errors which differed from the issue of planning merits. The Court`s powers in respect of injunctive relief are inherently discretionary. (HEADNOTE FROM JOURNAL)
ENFORCEMENT NOTICE
EXCESSIVE DELAY
R V BASILDON DC EX P CLARKE