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England and Wales decisions
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La apelaciĂłn se desestimĂł: el Tribunal confirmĂł el Enforcement Notice porque la empresa seguĂa siendo una “large undertaking” bajo las ESOS Regulations 2014.
The tribunal found that the appellant met the definition of a relevant undertaking based on employee numbers at the relevant time, that the Environment Agency followed proper procedures and issued the enforcement notice reasonably and lawfully, and that the notice was not based on an error of fact or law.
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Moran, R (On the Application Of) v Medway Council [2026] EWCA Civ 484 (17 April 2026)
The Court of Appeal held that section 70C of the Town and Country Planning Act 1990 applied and Medway Council lawfully declined to determine the planning application.
The existence of an extant enforcement notice at the date of the application meant that section 191(2)(b) was not satisfied, so the Claimant was not entitled to a Lawful Development Certificate regardless of whether the works were substantially completed before the notice was served.
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Leigh v Secretary of State for Housing, Communities And Local Government & Anor [2026] EWHC 537 (Admin) (13 March 2026)
The High Court refused permission for judicial review, holding that an extant enforcement notice meant a lawful development certificate application could not succeed under section 191(2)(b).
Salem & Anor, R. v [2025] EWCA Crim 1602 (19 December 2025)
The Court of Appeal dismissed challenges to fines and costs for breach of a planning enforcement notice, holding the Crown Court had unlimited sentencing powers and the orders were not excessive.
The appellant's commercial relationship with AT, including financial incentives and contractual arrangements, constituted 'instigation' under reg 21 PECR. The breaches were serious and negligent, not deliberate. The penalty imposed was justified but required reduction to reflect negligence rather than deliberateness.
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Connors v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 2701 (Admin) (21 October 2025)
Permission to appeal was refused in a planning enforcement challenge, after the court found serious procedural non-compliance and no arguable error of law.
The High Court refused permission to appeal against an enforcement notice challenge, holding the application was not properly brought and the proposed grounds were unarguable.
South Darenth Farms and Cold Store Company Ltd v Secretary of State for Housing, Communities and Local Government & Ors [2025] EWHC 2646 (Admin) (16 October 2025)
The High Court refused permission to appeal an enforcement notice, holding that the Murfitt principle could cover fences and walls integral to an unlawful use.
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