000			01508cab a2200181 4500
001			ABS42585
008			090401t1990 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u37707
041			_aeng
245			_aThrasyvoulou v SoS for the Environment and others; Oliver and others v SoS for the Environment and another
260			_c1990
350			_a0
490			_aEstates Gazette _v(1990) 13 EG 69-78(6)
520			_aHL 14 December 1989. These two appeals raise the question whether a decision of the SoS allowing an appeal against an enforcement notice on one of the grounds in Town and Country Planning Act 1971 s88 as amended by Local Government and Planning (Amendment) Act 1981 is capable of giving rise to an estoppel per rem judicatam or an issue estoppel. The first appeal arose from service of notice on T in February 1985 alleging breach of planning control due to a material change of use to a hostel for homeless families without the grant of planning permission. Appeals dismissed by the inspector. An appeal to the High Court was also dismissed but CA allowed T`s case. The SoS appealed to HL. The second appeal concerned an enforcement notice alleging a material change of use of a property. The various judicial stages followed the same pattern. In T`s, and by implication O`s, case HL rejected submissions by SoS that a statutory body cannot be fettered by estoppel and there was no justification f
690			_aPLANNING LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c24297 _d24297