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Town and country planning – Enforcement notice. The appellant appealed against an order dismissing: (i) his application to quash the decision of the inspector, appointed by the first respondent Secretary of State, to dismiss his appeal against the second respondent local authority's refusal to grant planning permission for the redevelopment of a site; and (ii) his appeal against the inspector's decision to dismiss his appeal against an enforcement notice issued by the authority in respect of the site and to uphold the notice with variations. The Court of Appeal, Civil Division, held, inter alia, that two different versions of a plan had been produced by the appellant and by the authority before the inspector. Extrinsic evidence had plainly been admissible to resolve the factual issue as to which of the two plans had been referred to in the planning permission. As to the enforcement notice, there had been a legally defective variation notice which the authority had had the power to and had withdrawn and corrected before the appeal had been decided by the judge.
Town and country planning – Enforcement notice. The appellant appealed against an order dismissing: (i) his application to quash the decision of the inspector, appointed by the first respondent Secretary of State, to dismiss his appeal against the second respondent local authority's refusal to grant planning permission for the redevelopment of a site; and (ii) his appeal against the inspector's decision to dismiss his appeal against an enforcement notice issued by the authority in respect of the site and to uphold the notice with variations. The Court of Appeal, Civil Division, held, inter alia, that two different versions of a plan had been produced by the appellant and by the authority before the inspector. Extrinsic evidence had plainly been admissible to resolve the factual issue as to which of the two plans had been referred to in the planning permission. As to the enforcement notice, there had been a legally defective variation notice which the authority had had the power to and had withdrawn and corrected before the appeal had been decided by the judge.
The Bar Council faces both opportunities and challenges on our key areas this year
Exclusive Q&A with Henry Dannell
Casey Randall of AlphaBiolabs discusses the benefits of Non-invasive Prenatal Paternity testing for the timely resolution of family disputes
By Louise Crush of Westgate Wealth Management
Have you considered being a barrister in the British Army? Here’s an insight into a career in Army Legal Services
Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR)
Senior barristers reflect on the progress made since the publication of Race at the Bar: A Snapshot Report in 2021, as well as the persistent challenges and cultural shifts still needed. Interviews by Mariam Diaby
‘Hard work and commitment can open doors. I believe that I am proof of that,’ says Senior Treasury Counsel Louise Oakley. She tells Anthony Inglese CB about her journey from Wolverhampton to the Old Bailey
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
The winning essay is ‘A fiction of defendant participation: Single Justice Procedure offences should be moved to the civil jurisdiction’ by Hal McNulty
