Elmbridge Borough Council v Secretary of State for Communities and Local Government and another

Town and country planning – Enforcement notice. The claimant local planning authority challenged the decision of the inspector appointed by the first defendant Secretary of State, varying an enforcement notice issued to the second defendant to require compliance with previously granted planning permission. The Planning Court, in allowing the application, held that it could not clearly be determined that the issue of whether the prior permission had still been extant had been addressed explicitly and an unambiguous decision reached. Further, the inspector had not had the power to act as he had in the particular circumstances.

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