Planning Service v Young (William) and Young (Roberta)
| Jurisdiction | Northern Ireland |
| Judge | District Judge (MC) White |
| Neutral Citation | [2010] NIMag 5 |
| Court | Magistrates' Court (Northern Ireland) |
| Date | 05 October 2010 |
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Neutral Citation No. [2010] NIMag 5 Ref:
Judgment: approved by the Court for handing down Delivered:
05/10/10
(subject to editorial corrections)
Petty Sessions District of Ards
_______
The Planning Service
Complainant;
And
William Young
Roberta Young
Defendants.
District Judge (MC) White
Introduction
[1] The defendants are prosecuted for one offence of breach of a planning
enforcement notice, the particulars being that they:-
“on the 23rd February 2005 and continuing daily thereafter
….. following conviction for the same offence on 22
February 2005 at Newtownards Court House, did contrary
to Article 72(1) of the Planning Amendment Northern
Ireland Order 1991 as amended by Article 9 of the
Planning Amendment Northern Ireland Order 2003 fail to
take the steps required of [them] by the Enforcement
Notice dated 9th January 2004, a copy of which is attached
herewith, for land to the west of 39 Carrowdore Road
Greyabbey …”
[2] The case came on for hearing at Ards M.C. on 11 August 2010, that is
over five years after the offence is alleged to have commenced, and over six
years after the Enforcement Notice issued, and some explanation for that
delay is appropriate by way of background.
[3] On 23 December 2000, the defendants made an application for
planning permission to build a house on land to the west of 39 Carrowdore
Road Greyabbey. The key events thereafter are set out in a judgment of the
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