Miaris v Secretary of State for Communities and Local Government and another

Town and country planning – Enforcement notice. The Planning Court held that an appeal against an enforcement notice made under s 174(2)(f) of the Town and Country Planning Act 1990 (ground f), on the basis that any step specified in an enforcement notice exceeded what was necessary to remedy an injury to amenity caused by the relevant breach of planning control, could not be entertained when: (i) there was no appeal under s 174(2)(a) of the Act that planning permission should be granted; and (ii) the planning objections which the step addressed were not limited to any injury to amenity. Therefore, whether an appeal lay on that basis under ground f depended upon the nature of the planning objection that the step sought to remedy.

Category: