North West Estates Plc v Buckinghamshire County Council

North West Estates Plc v Buckinghamshire County Council

The enforcement notice was unappealed and unquashed, and thus its validity and application to the workshop could not be challenged in these proceedings. The established use argument should have been raised on appeal against the notice. The court found no good reason to withhold the injunction and required compliance...

Source-derived case information.

Parties
Appellant: North West Estates plc; Respondent: Buckinghamshire County Council
Jurisdiction
England and Wales
Judgment Date
22 May 2003
Procedural Posture
Civil Appeal / Appeal From Chancery Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Planning Permission Conditions, Established Use, Injunctions, Section 285 Town and Country Planning Act, Discretion Under Section 187 B
Planning Law Property Law Enforcement Notice Planning Permission Conditions Established Use Injunctions Section 285 Town and Country Planning Act Discretion Under Section 187 B

Source-derived case record

Summary, issues, holding and outcome

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Parties

North West Estates plc

Appellant

Buckinghamshire County Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether an unappealed enforcement notice can be challenged in injunction proceedings under s.187B Town and Country Planning Act 1990
  2. 2 Whether established lawful use of a building precludes enforcement action under a planning condition
  3. 3 Whether the court should exercise its discretion to grant an injunction requiring removal of a building with established use

Ratio Decidendi

The enforcement notice was unappealed and unquashed, and thus its validity and application to the workshop could not be challenged in these proceedings. The established use argument should have been raised on appeal against the notice. The court found no good reason to withhold the injunction and required compliance with the enforcement notice, including removal of the workshop.

Court Disposition

Appeal dismissed

Orders

  • Order of Jacob J affirmed
  • Appellant to remove all buildings from the land, including the workshop, by the specified date