Whose right to fight enforcement action?
Scott, J
Whose right to fight enforcement action? - 2000 - Planning (for the Natural and Built Environment) (1395) 17 November 2000, 22(1) .
Considers the complexity surrounding who has the right to appeal against an enforcement notice. The Town and Country Planning Act 1990 s174(1) provides a right to appeal for a person with interest in the land or a relevant occupier. If a number of parties lodge an appeal, only one will suffice. In domestic residence it is relatively simple to identify who will appeal, however, confusion arises when a property is owned or occupied by a company. Discusses the recent case of "Buckinghamshire CC v SoS Environment and Brown", highlighting the difficulties faced by the company boss, John Brown, to convince the court he was qualified to bring the appeal under his name.
ENFORCEMENT NOTICES
BUCKINGHAMSHIRE CC V SOS ENVIRONMENT AND BROWN
TOWN AND COUNTRY PLANNING ACT 1990 S174
RIGHT OF APPEAL
PLANNING APPEALS
Whose right to fight enforcement action? - 2000 - Planning (for the Natural and Built Environment) (1395) 17 November 2000, 22(1) .
Considers the complexity surrounding who has the right to appeal against an enforcement notice. The Town and Country Planning Act 1990 s174(1) provides a right to appeal for a person with interest in the land or a relevant occupier. If a number of parties lodge an appeal, only one will suffice. In domestic residence it is relatively simple to identify who will appeal, however, confusion arises when a property is owned or occupied by a company. Discusses the recent case of "Buckinghamshire CC v SoS Environment and Brown", highlighting the difficulties faced by the company boss, John Brown, to convince the court he was qualified to bring the appeal under his name.
ENFORCEMENT NOTICES
BUCKINGHAMSHIRE CC V SOS ENVIRONMENT AND BROWN
TOWN AND COUNTRY PLANNING ACT 1990 S174
RIGHT OF APPEAL
PLANNING APPEALS