Maltedge Ltd v Wokingham District Council ; Frost v Same
| Jurisdiction | England & Wales |
| Judgment Date | 12 May 1992 |
| Date | 12 May 1992 |
| Court | House of Lords |
Queen's Bench Divisional Court
Before Lord Justice Beldam and Mr Justice Laws
Planning - enforcement notice - date of compliance essential
When prosecuting an offence under section 179 of the Town and Country Planning Act 1990 for failing to comply with an enforcement notice it was essential for the informations to allege the date by which the enforcement notice had to be complied with.
The Queen's Bench Divisional Court so held in allowing two appeals by way of case stated by Maltedge Ltd and Howard Patrick Layton Frost, trading as Frost Plant Hire, against their conviction by Bracknell Magistrates Court on January 2, 1991 of offences contrary to section 179 of the 1990 Act.
Mr Kevin Charles de Haan for Maltedge and Frost; the local authority did not appear and was not represented.
MR JUSTICE LAWS said that on April 6, 1987 enforcement notices alleging breaches of planning control were served on Maltedge, by the erection of offices for use in connection with plant hire business, and on Frost alleging a material change in the use of land by the hire and storage of plant. Both notices required the breaches to be remedied within specified dates.
In October 1990 informations were laid alleging contravention of the enforcement notices contrary to section 179(6) of the 1990 Act.
In his Lordship's judgment the determination of the appeals turned on the point that neither information alleged the date by which the enforcement notices had to be complied with.
Mr de Haan submitted that it was a material...
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