Enforcing breach of planning control
Enforcing breach of planning control
- 1989
- Times 22/2/89 p44 .
In R v Rochester CC , ex parte Hobday QBD 31 January 1989 it was held that although a decision to issue an enforcement notice could not be validly made before the relevant planning breach had occured and although a subsequent valid decision could not ratify or validate that decision, where the nature of the breach changed and became an actual rather than anticipated breach, the subsequent decision was valid in itself and not as a ratification of the previous invalid decision.
TOWN AND COUNTRY PLANNING ACT 1971 S87
In R v Rochester CC , ex parte Hobday QBD 31 January 1989 it was held that although a decision to issue an enforcement notice could not be validly made before the relevant planning breach had occured and although a subsequent valid decision could not ratify or validate that decision, where the nature of the breach changed and became an actual rather than anticipated breach, the subsequent decision was valid in itself and not as a ratification of the previous invalid decision.
TOWN AND COUNTRY PLANNING ACT 1971 S87