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Enforcement notice upheld

Language: English Series: Independent ; 16 July 1993, 29(1)Publication details: 1993Subject(s): Summary: In "Newbury DC v SoS Environment and others" CA 13 July 1993 held that a planning condition relating solely to occupancy does not relate to the carrying out of building operations under Town and Country Planning Act 1990 s172. Occupancy in breach of such a condition does not enjoy immunity under s172(4) but remains liable to enforcement notice procedure after four years. Appeal allowed.

In "Newbury DC v SoS Environment and others" CA 13 July 1993 held that a planning condition relating solely to occupancy does not relate to the carrying out of building operations under Town and Country Planning Act 1990 s172. Occupancy in breach of such a condition does not enjoy immunity under s172(4) but remains liable to enforcement notice procedure after four years. Appeal allowed.