Young v SOS Environment
Young v SOS Environment
- 1990
- Property and Compensation Reports (1990) 60 PCR 560-568(9) .
CA 20 February 1990 Appeal by Young (Y) against a High Court decision dismissing Y`s appeal under Town and County Planning Act 1971 s246 against a decision of an inspector to quash an enforcement notice served on Y in respect of land at Corley Moor. The inspector found that there had been a breach of planning control by Y, but held that the enforcement notice was flawed as it incorrectly described the breach as to a change of use rather than a failure to comply iwth a condition of planning permission . His dismissal of the notice was therefore based on the irregularities in the notice. Y was afraid that the inspector`s findings might be binding against him in future proceedings and appealed. CA held, dismissing appeal, that Y was not entitled to have the matter remittted for rehearing on the ground that the inspector had made a finding not necessary for the decision, but which might cause Y future prejudice.
CASE LAW
PLANNING APPEAL
CA 20 February 1990 Appeal by Young (Y) against a High Court decision dismissing Y`s appeal under Town and County Planning Act 1971 s246 against a decision of an inspector to quash an enforcement notice served on Y in respect of land at Corley Moor. The inspector found that there had been a breach of planning control by Y, but held that the enforcement notice was flawed as it incorrectly described the breach as to a change of use rather than a failure to comply iwth a condition of planning permission . His dismissal of the notice was therefore based on the irregularities in the notice. Y was afraid that the inspector`s findings might be binding against him in future proceedings and appealed. CA held, dismissing appeal, that Y was not entitled to have the matter remittted for rehearing on the ground that the inspector had made a finding not necessary for the decision, but which might cause Y future prejudice.
CASE LAW
PLANNING APPEAL