Cases - R v Chichester Justices, ex parte Chichester District Council

Record details

Name
R v Chichester Justices, ex parte Chichester District Council
Date
[1990]
Citation
3 PLR 36
Legislation
Keywords
Planning control
Summary

A two-storey building was required to be removed. The owner did not comply with the enforcement notice but submitted an application for planning permission for a single storey building which was granted. The local authority prosecuted the owner for non-compliance. He claimed that the planning permission terminated the enforcement notice. (The wording of the predecessor to section 180 did not use the phrase 'so far as inconsistent'.)

The Divisional Court held that the enforcement notice only ceases to have effect so far as it is inconsistent with the planning permission. There is no need to demolish the entire building and then build the new one. Parts of the building must be removed so that it becomes the permitted building.