000 01612cab a2200241 4500
001 ABS59844
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u90483
041 _aeng
245 _aDilieto v Ealing LBC
260 _c1998
350 _a0
490 _aWeekly Law Reports
_v[1998] 3 WLR 4 December 1998, 1403-1419(17)
520 _aQBD 2 April 1998. In 1964 the defendant D was granted planning permission for a warehouse subject to the condition that the yard was kept clear at all times. in 1994 a planning officer found that the yard was being used in breach of planning permission. Having failed to comply with a breach of condition notice the defendant was convicted, fined and ordered to pay costs. On appeal by way of case D contested that the breach of condition notice was invalid as the condition was so vague as to be a nullity and it had been served after the 10 year limitation period for enforcement had expired. The court allowed the appeal stating that the defendants contention of the notice being invalid due to being vague was unfounded but that he was entitled to contest it on the ground that it was out of time. The conviction, fines and order to pay costs were quashed, the case was remitted to the magistrates` courts for rehearing. Appeal allowed with costs.
650 _aBREACH OF CONDITION NOTICES
650 _aDILIETO V EALING LBC
650 _aFAILURE TO COMPLY
650 _aTOWN AND COUNTRY PLANNING ACT 1990 S171(B)(3)
650 _aVALIDITY OF NOTICE
690 _aPLANNING LAW AND PRACTICE-CASE LAW
942 _n0
948 _c23/12/1998
999 _c57373
_d57373