Q&As

If a defendant, in criminal proceedings, raises as an issue whether the steps required to be taken by an enforcement notice were 'impossible', is it right to say that this defence is precluded by section 285(1) of the Town and Country Planning Act 1990?

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Published on LexisPSL on 19/11/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • If a defendant, in criminal proceedings, raises as an issue whether the steps required to be taken by an enforcement notice were 'impossible', is it right to say that this defence is precluded by section 285(1) of the Town and Country Planning Act 1990?

Section 179(3) of the Town and Country Planning Act 1990 states that:

(1) Where, at any time after the end of the period for compliance with an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is being carried on, the person who is then the owner o

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