Cases - R v Rochester upon Medway City Council, ex parte Hobday

Record details

Name

R v Rochester upon Medway City Council, ex parte Hobday

Date

[1989]

Citation

2 PLR 38

Legislation

Town and Country Planning Act 1990

Keywords

Planning control - Town and Country Planning Act 1990

Summary

The applicant had used a site for market purposes. The planning authority resolved that on or after the 15th day of market use, an enforcement notice be issued together with a stop notice (because at that time the authority had not taken account of the fact that the use might be permanent as in Tidswell).

It was held that the enforcement subsequently issued on this basis was a nullity, because the 1990 Act requires consideration of past or present, but not prospective, breaches of planning control.