R v Clayton and another

Town and country planning – Enforcement notice. The defendants appealed against their convictions for failing to comply with an enforcement notice on the basis that the solicitor then acting for the local authority had deliberately concealed information in obtaining the notice. The Court of Appeal, Criminal Division, in dismissing the appeal, held that s 285 of the Town and Country Planning Act 1990 and R v Wicks ([1997] 2 All ER 801) had precluded the judge from investigating the alleged unlawful act in the context of the criminal trial. The judge had failed to consider the defendants' alternative argument, but it would be inappropriate to remit the case for that argument to be considered.

Category: