Regina (Wingrove) v Stratford-on-Avon District Council – WLR Daily

Posted February 18th, 2015 in enforcement notices, law reports, local government, planning, retrospectivity by sally

Regina (Wingrove) v Stratford-on-Avon District Council [2015] EWHC 287 (Admin); [2015] WLR (D) 65

‘The wide discretionary power to refuse to determine a retrospective planning application for development subject to an enforcement notice under section 70C of the Town and Country Planning Act 1990 was intended to provide local planning authorities with a tool to prevent such applications being used to delay enforcement action being taken against development. An applicant’s motive to use a retrospective application to cause such delay would clearly be a consideration in favour of a decision to invoke that discretion.’

WLR Daily, 12th February 2015