Challinor v R

Challinor v R

Section 285 of the Town and Country Planning Act 1990 precludes reliance on a Certificate of Lawful Use in criminal proceedings for breach of an enforcement notice; any challenge to the notice's validity or ambit must be made by appeal under section 174, and not in the criminal court.

Parties
Appellant: Basil John Challinor; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
17 August 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Enforcement Notice, Certificate of Lawful Use, Appeal Procedure
Criminal Law Planning Law Enforcement Notice Certificate of Lawful Use Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Basil John Challinor

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a defendant in criminal proceedings for failing to comply with an enforcement notice can rely on a Certificate of Lawful Use as a defence
  2. 2 Whether the ruling excluding reliance on the Certificate of Lawful Use was correct

Ratio Decidendi

Section 285 of the Town and Country Planning Act 1990 precludes reliance on a Certificate of Lawful Use in criminal proceedings for breach of an enforcement notice; any challenge to the notice's validity or ambit must be made by appeal under section 174, and not in the criminal court.

Court Disposition

appeal dismissed

Orders

  • The appeal against conviction is dismissed.