Image from Google Jackets

Criminal failure to comply

By: Contributor(s): Language: English Series: Estates Gazette ; (527) 9 July 2005, 218(1)Publication details: 2005Subject(s): Online resources: Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L130338 (Browse shelf(Opens below)) 1 Available 130338-1001

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.