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Barn Properties Ltd v Secretary of State for Scotland & City of Dundee District Council

Language: English Series: Scottish Civil Law Reports ; 1995 SCLR 113-120(8)Publication details: 1995Subject(s): Summary: Court of Session. Inner House (Extra Division). Lord McCluskey, Lord Morton of Shuna and Lord Penrose. 25 November 1994. Town and country planning - enforcement notice - first enforcement notice withdrawn - second enforcement notice served - appeal to Secretary of State for Scotland - whether second enforcement notice time-barred as not relating to same breach as original notice - whether reporter erred in law in varying and correcting notice - whether injustice suffered by appellants - Town and Country Planning (Scotland) Act 1972 (c.52), ss.83B, 84AA(3), 85, 231, 233 - Town and Country Planning Act 1990 (c.8), s.173A - Planning and Compensation Act 1991 (c.34), s.36 - Town and Country Planning (Use Classes) (Scotland) Order 1989 (S.I.1989/147), Sched., Class 14.

Court of Session. Inner House (Extra Division). Lord McCluskey, Lord Morton of Shuna and Lord Penrose. 25 November 1994. Town and country planning - enforcement notice - first enforcement notice withdrawn - second enforcement notice served - appeal to Secretary of State for Scotland - whether second enforcement notice time-barred as not relating to same breach as original notice - whether reporter erred in law in varying and correcting notice - whether injustice suffered by appellants - Town and Country Planning (Scotland) Act 1972 (c.52), ss.83B, 84AA(3), 85, 231, 233 - Town and Country Planning Act 1990 (c.8), s.173A - Planning and Compensation Act 1991 (c.34), s.36 - Town and Country Planning (Use Classes) (Scotland) Order 1989 (S.I.1989/147), Sched., Class 14.