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Town and country planning – Enforcement notice. The appellant challenged an enforcement notice which had been issued following his conversion of a dwelling house into five flats. The inspector, appointed by the Secretary of State, upheld the notice and refused planning permission for an alternative scheme. The judge allowed the appellant's appeal and held that the inspector had erred in that a relevant power which could have brought about the proposed conversion had not been considered. The Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held that the inspector's conclusion, that he had not power to consider the alternative scheme under s 174(2)(f) of the Town and Country Planning Act 1990, had been correct.
Town and country planning – Enforcement notice. The appellant challenged an enforcement notice which had been issued following his conversion of a dwelling house into five flats. The inspector, appointed by the Secretary of State, upheld the notice and refused planning permission for an alternative scheme. The judge allowed the appellant's appeal and held that the inspector had erred in that a relevant power which could have brought about the proposed conversion had not been considered. The Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held that the inspector's conclusion, that he had not power to consider the alternative scheme under s 174(2)(f) of the Town and Country Planning Act 1990, had been correct.
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