Cases - R v Harfield

Record details

Name

R v Harfield

Date

[1993]

Citation

2 PLR 23

Keywords

Planning control

Summary

A petrol station had been used for the parking of commercial vehicles and the storage of scrap metal and scrap vehicle parts. An enforcement notice was served requiring discontinuance of the unauthorised parking and scrap uses and removal of all commercial vehicles and scrap. The owner was prosecuted for non-compliance with the notice. At the trial he was not allowed to lead evidence that the parking of commercial vehicles was ancillary to the petrol station use and so was convicted because, by his own admission, he had not removed all the commercial vehicles.

The Court of Appeal quashed the conviction. According to the Mansi principle no enforcement notice can take away legally permitted rights and the authorities clearly established that any enforcement notice would be construed so as to retain any such rights. Therefore the enforcement must be read as meaning the parking of commercial vehicles which cannot be described as ancillary.