- Enforcement notice for dwelling in green belt upheld (Arnold)
- Original news
- What is the significance of the decision for authorities and developers?
- What is the legal background to the case?
- What is the factual background to the case?
- Why did the Court of Appeal refuse the appeal?
Planning analysis: In Arnold v Secretary of State for Communities and Local Government, the Court of Appeal clarified the legal principles which apply where, in determining an enforcement appeal, planning permission can be granted in respect of the matters stated in the enforcement notice as constituting a breach of planning control. The enforcement notice in this case was upheld, requiring the demolition of a dwelling erected in the green belt. Planning permission for alternatives which fell outside the scope of the enforcement notice could not be granted.
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