000			02003cab a2200301 4500
001			L130338
008			050718n2005 000 0 eng u
035			_a(Sirsi) u130338
041			_aeng
100			_aEdwards, Martin
245			_aCriminal failure to comply
260			_c2005
490			_aEstates Gazette _v(527) 9 July 2005, 218(1)
520			_aThe 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.
590			_aIKA190705
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S179(1)
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S179(2)
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S179
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S179(9)
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S179(3)
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S179(7)
650			_aWYCOMBE DC V WELLS
650			_aKENT CC V BROCKMAN
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING ENFORCEMENT
700			_aMartin, John
856			_uhttps://www.bailii.org/ew/cases/EWHC/Admin/2005/1012.html _zView the decision free of charge at www.bailii...
942			_n0
999			_c75564 _d75564