The Public and Third Sector Law Reports
[2024] PTSR 1761
Court of Appeal
Caldwell and another v Secretary of State for Levelling Up, Housing and Communities
[2024] EWCA Civ 467
2024 March 13; May 2
Sir Keith Lindblom SPT, Coulson, Andrews LJJ
Planning— Enforcement notice— Appeal— Construction of residential dwelling on land having permission for agricultural use only— Local planning authority issuing enforcement notice seven years after substantial completion requiring demolition of building and reversion to agricultural use— Whether requirement to remove building unlawful— Limits or parameters of statutory power requiring restoration of land to condition prior to breach—
Town and Country Planning Act 1990 (c 8), ss 171B(1)(3), 172, 173(3)(4)(a)