The Law Reports (Queen's Bench Division)
[2016] QB 811
Court of Appeal
Bonsall v Secretary of State for Communities and Local Government and another
Jackson v Secretary of State for Communities and Local Government and another
[2015] EWCA Civ 1246
2015 Nov 4;
Dec 8
Richards, Sales LJJ, Baker J
Planning— Planning control— Breach— Landowner changing use of barn without planning permission— Change deliberately concealed for four years— Enforcement notice issued for breach of planning control— Supreme Court authority establishing statutory four-year limitation period for enforcement action not applying in case of deception— Subsequent enactment of procedure enabling enforcement action outside time limit by obtaining planning enforcement order— Whether time limit applying in cases of deception where no planning enforcement order obtained—
Town and Country Planning Act 1990 (c 8) (as amended by Planning and Compensation Act 1991 (c 34), s 4(1) and Localism Act 2011 (c 20), s 124(1)), ss 171B, 171BA