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Town and country planning – Enforcement notice. The appellants were convicted of breach of an enforcement notice. The Crown Court affirmed that decision and the appellants appealed by way of case stated on eleven referred questions. The Divisional Court, in answering all the referred questions in the affirmative and dismissing the appeal, held, in particular, that the Crown Court had been correct in its construction of s 179 of the Town and Country Planning Act 1990 that the relevant date for the determination of the availability of the defence under s 179(7) of the Act was the date of the offence given in the summons.
Town and country planning – Enforcement notice. The appellants were convicted of breach of an enforcement notice. The Crown Court affirmed that decision and the appellants appealed by way of case stated on eleven referred questions. The Divisional Court, in answering all the referred questions in the affirmative and dismissing the appeal, held, in particular, that the Crown Court had been correct in its construction of s 179 of the Town and Country Planning Act 1990 that the relevant date for the determination of the availability of the defence under s 179(7) of the Act was the date of the offence given in the summons.
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