Cases - Clwyd County Council v Secretary of State for Wales

Record details

Name

Clwyd County Council v Secretary of State for Wales

Date

[1982]

Citation

JPL 696

Keywords

Planning control

Summary

A planning condition required adequate fencing to be constructed before quarrying operations were carried out. No fence was constructed and an enforcement notice was served alleging a failure to fence. The related stop notice could not require a fence to be built (it could only require an activity to cease) so it required the working to cease. (Today a better alternative would be a breach of condition notice.)

The High Court held that the notice was invalid as it was not an activity consisting of or included in any matter alleged to be a breach by the enforcement notice.

Mr Justice Forbes granted the developer's request that the local authority be ordered to withdraw the stop notice (thereby triggering the right to compensation).