Criminal failure to comply
Language: English Series: Estates Gazette ; (527) 9 July 2005, 218(1)Publication details: 2005Subject(s):- 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
- ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING ENFORCEMENT
| 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.