Canterbury City Council v Hill [2008] EWCA Civ 620 (21 May 2008)

Canterbury City Council v Hill [2008] EWCA Civ 620 (21 May 2008)

The appellant remained in breach of the court's order to remove pig sheds and internal fencing; the judge's findings on the mobility of the sheds and the irrelevance of the planning application fee were supported by evidence and law, and there was no basis to disturb the committal order or the underlying enforcement order.

Citation
[2008] EWCA Civ 620
Parties
Claimant/respondent: Canterbury City Council; Appellant/defendant: Mrs Hill
Jurisdiction
England and Wales
Judgment Date
21 May 2008
Procedural Posture
Appeal (civil) / Appeal From Committal Order Following Enforcement Proceedings
Outcome
Appeal dismissed
Legal Topics
Enforcement of Planning Control, Committal for Contempt, Planning Permission Applications, Permitted Development Rights
Planning Law Civil Procedure Enforcement of Planning Control Committal for Contempt Planning Permission Applications Permitted Development Rights

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Parties

Canterbury City Council

Claimant/respondent

Mrs Hill

Appellant/defendant

Procedural Posture

Appeal (civil) / Appeal From Committal Order Following Enforcement Proceedings

Legal Issues

  1. 1 Whether the appellant was in continuing breach of a planning enforcement order
  2. 2 Whether the committal order should be set aside based on the mobility of pig sheds and the requirement to pay a planning application fee

Ratio Decidendi

The appellant remained in breach of the court's order to remove pig sheds and internal fencing; the judge's findings on the mobility of the sheds and the irrelevance of the planning application fee were supported by evidence and law, and there was no basis to disturb the committal order or the underlying enforcement order.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Committal order remains in force