Cases - Badcock v Hertfordshire CC
Record details
- Name
- Badcock v Hertfordshire CC
- Date
- [2002]
- Citation
- EWCA Crim 1941
- Legislation
- Keywords
- Planning control - Town and Country Planning Act 1990 s. 174(2)
- Summary
-
Enforcement and stop notices were issued in respect of the importation and processing of waste. The defendant, a building contractor, was prosecuted for non-compliance. He alleged that at the date of the enforcement notice he was not importing and processing waste, but recycling 'surplus building material'.
The Court of Appeal held that it cannot be challenged that, as at the date of the notice, the land was being used for the importing and processing of waste, for to do so would be to raise issues of the validity and enforceability of the notice, which could only be raised under ground (b) of section 174(2) of the Town and Country Planning Act 1990. However, the defendant was not precluded from claiming that at the dates of alleged non-compliance, no waste was actually being imported. The prosecution must prove that an offence has been committed, i.e. that the acts of the defendant constituted a breach of the notice.