Cases - Tandridge District Council v Verrechia
Record details
- Name
- Tandridge District Council v Verrechia
- Date
- [1999]
- Citation
- 3 AII ER 247
- Legislation
- Keywords
- Planning control
- Summary
-
The appellant owned land that he used for the dumping of waste materials and for the commercial parking of cars. The county planning authority served an enforcement notice in respect of the waste and a planning inspector purported to correct the notice to add the parking breach, but set out no remedial steps. So the appellant claimed that car parking now had planning permission by virtue of section 173(11).
The Court of Appeal held that a notice could under enforce, but it could not fail to enforce at all. The amendment was ineffective and section 173(11) could not apply. The Court also held that the mixed use consisted of two separate uses and the inspector was purporting to add a new and separate breach.