Doncaster BC v Green
Doncaster BC v Green
- 1992
- Journal of Planning and Environment Law 1992 JPL 658-664(7) .
CA 15 November 1991. An appeal against a high court injunction granted to a local authority (D) to restrain first respondent (G) from using land near Doncaster as a caravan park. The site lay within green belt. G, having been advised that presumption against development in the green belt might prevent planning permission for the caravan site, decided to establish the site before applying for planning permission. By the time the planning application was submitted, the site was fully operative. D issued enforcement notices and sought an injunction. When proceedings came before the hc, the enforcement notices had not yet come into effect, so the development was unlawful but not yet illegal. D did not serve a stop notice as it fell within the prohibition of s193(3)(b). CA held that under the provisions of the Town and Country Planning Act 1971, there was no jurisdiction to grant an injunction where a stop notice could not be served and whilst an appeal notice against an enforcement notic
CARAVAN SITES
ENFORCEMENT NOTICES
INJUNCTIONS
PLANNING AND COMPENSATION ACT 1991 S9
STOP NOTICES
TOWN AND COUNTRY PLANNING ACT 1971
CA 15 November 1991. An appeal against a high court injunction granted to a local authority (D) to restrain first respondent (G) from using land near Doncaster as a caravan park. The site lay within green belt. G, having been advised that presumption against development in the green belt might prevent planning permission for the caravan site, decided to establish the site before applying for planning permission. By the time the planning application was submitted, the site was fully operative. D issued enforcement notices and sought an injunction. When proceedings came before the hc, the enforcement notices had not yet come into effect, so the development was unlawful but not yet illegal. D did not serve a stop notice as it fell within the prohibition of s193(3)(b). CA held that under the provisions of the Town and Country Planning Act 1971, there was no jurisdiction to grant an injunction where a stop notice could not be served and whilst an appeal notice against an enforcement notic
CARAVAN SITES
ENFORCEMENT NOTICES
INJUNCTIONS
PLANNING AND COMPENSATION ACT 1991 S9
STOP NOTICES
TOWN AND COUNTRY PLANNING ACT 1971