Cases - Duguid v Secretary of State for the Environment, Transport and the Regions
Record details
- Name
- Duguid v Secretary of State for the Environment, Transport and the Regions
- Date
- [2000]
- Citation
- 4 PLR 107
- Legislation
- Keywords
- Planning control - The Town and Country Planning (General Permitted Development) Order 1995
- Summary
-
An enforcement notice was issued to stop the use of an airfield for the holding of markets and car boot sales. The notice was upheld on appeal.
D appealed to the High Court claiming that the enforcement notice should have been amended to preserve his rights under the GPDO to hold markets for not more than 14 days in any calendar year.
The Court of Appeal dismissed the appeal. The notice cannot be construed so as to make a criminal offence out of a lawful activity permitted by the GPDO. There is no need at all to refer to the GPDO in the notice because it operates as a matter of law. By contrast, in a case like Mansi it makes good sense for the notice to be amended to safeguard the established right and to avoid any future argument as to its extent.