Killian Garvey successfully defends the service of an enforcement notice by North Northamptonshire Council
Kettering Borough Council served an enforcement notice in 2020 against a mixed use, which was comprised of minerals and other issues (such as residential uses, storage a fishing lake business etc).
The claimant challenged the service of the enforcement notice on the basis that Kettering Borough Council lacked the legal authority to serve the enforcement notice. The claimant’s argument was that an enforcement notice dealing with the use of land for the winning, working, storage and sale of minerals could only be served by the mineral planning authority, not by Kettering (which was then the district authority).
Interestingly, during the course of litigation Kettering Borough Council was wound up and North Northamptonshire Council was constituted in its place. North Northamptonshire Council are a unitary authority with the powers of both the district authority and the mineral planning authority. Nevertheless, the Court considered the correct legal situation at the point that the enforcement notice was served.
The Court held that as what had been enforced against was a mixed use, rather than just a mineral use, it followed that it fell to the district authority to take enforcement action. Thus, the Court held that the enforcement notice had been validly served and dismissed the claim.
The judgment provides interesting commentary about how two different authorities can work in tandem to take enforcement action.
View the judgement here
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Register now for our upcoming #courtofprotection webinar with Arevik Jackson!
She will provide a comprehensive ov… https://t.co/OvnZBK1GF6 Kings Chambers 4 days, 15 hours ago..
Team @Kings_Chambers were thankful for a bit of sunshine on the Legal Walk yesterday evening!
A big thank you to… https://t.co/IREGKfhzAZ Kings Chambers 5 days, 16 hours ago..
Team @Kings_Chambers are limbering up for the @ATJFYorkshire Leeds Legal Walk!
The Leeds #LegalWalk gathers the lo… https://t.co/XI0xTe3xzH Kings Chambers 6 days, 8 hours ago..
Congratulations to @stephenrloxton, Gary Smith and the team for completing the C2C challenge! Despite a few hurdles… https://t.co/52VkvDmTw1 Kings Chambers 6 days, 11 hours ago..
Kings Chambers is delighted with the results of The Planning Law Survey 2022, published on 24th June, with 14 membe… https://t.co/awBOtqm3xr Kings Chambers 1 week, 2 days ago..
© Copyright 2022 Kings Chambers. All rights reserved.