Francis v Yiewsley and West Drayton Urban District Council
| Jurisdiction | England & Wales |
| Judgment Date | 12 November 1957 |
| Judgment citation (vLex) | [1957] EWCA Civ J1112-2 |
| Docket Number | 1955 H. No. 2158 |
| Court | Court of Appeal |
| Date | 12 November 1957 |
[1957] EWCA Civ J1112-2
Lord Justice Jenkims,
Lord Justice Parker And
Lord Justics Pearce.
In The Supreme Court of Judicature
Court of Appeal
"alleged to have been carried out without the grant of such permission as aforesaid or, as the case may be, the matters in respect of which it is alleged that any such conditions as aforesaid have not been complied with, and may require such stops as may be specified In the notice to be taken within such period as may be so specified for restoring the land to its condition before the development took place, or for securing compliance with the conditions, as the case may be; and in particular any such notice may, for the purpose aforesaid, require the demolition or alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on land of any building or other operations. (3) Subject to that provisions of the next following subsection, an enforcement notice shall take effect at the expiration of such period (not being less than twenty-eight days after the servlces there of) as may be specified therein".
Then there are certain provisos "Provided that (a) if within the period aforesaid an application is made to the local planning authority under this Part of this Act for permission for the retention on the and if any buildings or works, or for the continuance of any use of the land", then a certain time is allowed; and by proviso (b)i "If within the period aforesaid an appeal is made to the court under the following provisions of this section by a person on whom the enforcement notice was served, the notice shall be of no effect pending the final determination or withdrawal of the appeal".
Then subsection (4); "If any person on whom an enforcement notice Is served under this section is aggrieved by the notice, he may, at any tine within the period mentioned in the last foregoing subsection, appeal against the notice to a court of summary jurisdiction for the petty sectional division or place within which the land to which the notice relates is situated| and on any such appeal the court (a) If satisfied that permission was granted under this Part of this Act for the development to which the notice relates, or that no such permission was required In respect thereof, or, as the case may be, that the conditions, subject to which such permission was granted have boon compiled with, shall quash the notice to which the appeal relates, (b) If not so satisfied, but satisfied that the requirements of the notice exceed what is necessary for restoring 1ml to Its condition before the development took place, or for securing compliance with the conditions, as the case may be, shall vary the notice accordingly! (e) In any other case shall dismiss the appeal'". Than there lb a proviso with which I need not trouble.
Subsection (5) provides: "Any parson aggrieved by a decision of a Court of summary Jurisdiction under the last foregoing subsection may appeal against that decision to a court of quarter sessions". Thon their are certain supplementary provisions as to enforcement, and section 24 (1) provides: "If within the period specified in an enforcement notice, or 'within such extended period as the local planning authority pay allow, any stops required by the notice to be taken {other than the discontinuance of any use of land) have not boon taken, the local planning authority may enter on the land and cake those steps and may recover as a simple contract debt in any court of competent Jurisdiction from the person who is then the owner of the land any expenses reasonably incurred by them in that behalf; if that person, having born '' to appeal to the court under the last foregoing section, failed to make such an appeal, he shall not be entitled In proceeding: under this subsection to dispute the validity of the action taken by the local planning (authority upon any ground which could have born raised by such an appeal".
Than I go lastly to section 24 subsection (3); "Where by virtue of an enforcement notice, any use of land is required to be discontinued or any conditions are required to be complied with in respect of any use of land or in respect of the carrying out of any operations thereon, than if any person, without the grant of permission in that behalf under this Part of this Act, uses the land or causes or permits the land to be need, or carries oat or causes or permits to be carried out those operations In contravention of the notice, he shall be guilty of an offence and liable en summary conviction to a fine not exceeding fifty pounds and If the use is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for every day on which the use is so continued".
Then I should note that under the Town and Country Planning (General Development) etc Regulations, under Regulation 3 permission Is In effect granted, under provisions of section 13 of the Act, to certain types of development specified In the First Schedule to the Order; and if one looks to the First Schedule to the Order one finds that one of...
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