Q:The council is refusing to take enforcement action to stop an industrial activity which has no planning permission. We are concerned that there will be a value impact on our own up-market residential conversion

July 1, 2002
nearby. What can we do?<p></p><p> The council only needs to take enforcement action if there has been a breach of planning and it is &amp;“expedient&amp;” to take enforcement action. Usually expediency means planning harm. If the council refuses to take enforcement action the only recourse you have is to take it to the High Court to judicially review the decision on the basis that it is completely unreasonable, biased, perverse or procedurally wrong. Even if the High Court finds that the decision was wrong, the matter is merely referred back to the council who may, or may not, decide differently the second time around. But it is likely that the council would be influenced by comments from the court. A recent case (R v Stratford on Avon Council ex p. Sanders 31.1.02) supports the view that enforcement action should be taken to prevent owners otherwise obtaining planning permission by the back door.</p><p></p>

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