Criminal failure to comply
Edwards, Martin
Criminal failure to comply - 2005 - Estates Gazette (527) 9 July 2005, 218(1) .
The Town and Country Planning Act 1990 s179 creates criminal offences for failure to comply with an enforcement notice. Considers "Wycombe District Council v Wells" ([2005] EWHC 1012 (Admin), [2005] NPC 75) In "Wycombe", the appellant local authority appealed by case stated against the magistrates' decision to dismiss its allegation against the respondent gypsy occupier that he had failed to comply with its enforcement notice by finding that he had made out the statutory defence in s179(3) of the Act, particularly by seeking alternative accommodation for himself and his family. "Held": appeal allowed. The s179(3) defence was not established by demonstrating that the reason for non-compliance was the unavailability of an alternative site for the respondent to carry out his activities. Concludes that to establish a s179(3) defence the owner must show that compliance is not within its own unaided powers.
TOWN AND COUNTRY PLANNING ACT 1990 S179(1)
TOWN AND COUNTRY PLANNING ACT 1990 S179(2)
TOWN AND COUNTRY PLANNING ACT 1990 S179
TOWN AND COUNTRY PLANNING ACT 1990 S179(9)
TOWN AND COUNTRY PLANNING ACT 1990 S179(3)
TOWN AND COUNTRY PLANNING ACT 1990 S179(7)
WYCOMBE DC V WELLS
KENT CC V BROCKMAN
Criminal failure to comply - 2005 - Estates Gazette (527) 9 July 2005, 218(1) .
The Town and Country Planning Act 1990 s179 creates criminal offences for failure to comply with an enforcement notice. Considers "Wycombe District Council v Wells" ([2005] EWHC 1012 (Admin), [2005] NPC 75) In "Wycombe", the appellant local authority appealed by case stated against the magistrates' decision to dismiss its allegation against the respondent gypsy occupier that he had failed to comply with its enforcement notice by finding that he had made out the statutory defence in s179(3) of the Act, particularly by seeking alternative accommodation for himself and his family. "Held": appeal allowed. The s179(3) defence was not established by demonstrating that the reason for non-compliance was the unavailability of an alternative site for the respondent to carry out his activities. Concludes that to establish a s179(3) defence the owner must show that compliance is not within its own unaided powers.
TOWN AND COUNTRY PLANNING ACT 1990 S179(1)
TOWN AND COUNTRY PLANNING ACT 1990 S179(2)
TOWN AND COUNTRY PLANNING ACT 1990 S179
TOWN AND COUNTRY PLANNING ACT 1990 S179(9)
TOWN AND COUNTRY PLANNING ACT 1990 S179(3)
TOWN AND COUNTRY PLANNING ACT 1990 S179(7)
WYCOMBE DC V WELLS
KENT CC V BROCKMAN