Cases - R (on the application of Lynes) v West Berkshire District Council

Record details

Name

R (on the application of Lynes) v West Berkshire District Council

Date

[2003]

Citation

1 PLR

Legislation

Town and Country Planning Act 1990

Keywords

Planning control - Town and Country Planning Act 1990

Summary

Enforcement notices were served in connection with the use of land for human burial without planning permission. Each notice stated the date it took effect, and also stated that the time for compliance was 'immediately this notice takes effect'. Mr Justice Harrison held that a period of compliance cannot start before the notice comes into effect, therefore there was no period of compliance as required by the 1990 Act. The notice was therefore a nullity, as it did not comply with the statutory requirements for a valid notice.