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R v Wychavon DC and SOS Environment ex parte Saunders

Language: English Series: Journal of Planning and Environment Law ; 1992 JPL 753-758(4)Publication details: 1992Subject(s): Summary: QBD 11 November 1991. Appeal to the SoS under Town and Country Planning Act 1971 s88, calling for a judicial review declaring that local authority (W) was not entitled to issue further enforcement notices as W had not complied with the Enforcement Notices and Appeals Regulations 1981 reg 8. Application dismissed. HC ruled that the situation was indistinguishable from "Thrasyvoulou v SoS Environment" 1990. Declared that whenever there is a continuing breach of planning law, the local authority would be failing in their public duty if they did not take steps to enforce it.

QBD 11 November 1991. Appeal to the SoS under Town and Country Planning Act 1971 s88, calling for a judicial review declaring that local authority (W) was not entitled to issue further enforcement notices as W had not complied with the Enforcement Notices and Appeals Regulations 1981 reg 8. Application dismissed. HC ruled that the situation was indistinguishable from "Thrasyvoulou v SoS Environment" 1990. Declared that whenever there is a continuing breach of planning law, the local authority would be failing in their public duty if they did not take steps to enforce it.