Cases - Vale of White Horse DC v Treble-Parker
Record details
- Name
- Vale of White Horse DC v Treble-Parker
- Date
- [1996]
- Citation
- EGCS 40
- Legislation
- Keywords
- Planning control - Town and Country Planning Act 1990 s. 285
- Summary
-
Section 285(1) of the Town and Country Planning Act 1990 precludes a challenge to the validity of an enforcement notice on any of the grounds in section 174 except by way of appeal to the Secretary of State.
The respondents had been prosecuted for non-compliance with an enforcement notice. The magistrates had allowed evidence that the change of use had begun more than 10 years before the service of the enforcement notice and acquitted the respondents. The Divisional Court set aside the acquittal and remitted the case to the magistrates. The proper remedy was to appeal on ground (d) in section 174. The respondents had failed to do so and were precluded by section 285(1) from taking the point in the Magistrates' Court.