We understand from an article in The Spectator that the secretary of state for housing has been seeking inspiration from Renaissance Italy to deliver the levelling-up agenda. We are a little concerned that Mr Gove might have misunderstood the nature of the task before him so we offer the following to set him on the right lines.
Monthly Archives: December 2021
Case law on the abuse of process has been set out by an inspector in a recent remitted appeal concerning the use of a building in the back garden of a house in south-east London (DCS Number 200-010-524) .
In determining an appeal concerning enforcement action directed at works to a residential property in north-west London an inspector has highlighted that you can’t rewrite history (DCS Number 400-033-667).
Due to a number of departures from the approved drawings the council contended that a 2017 permission had not been implemented and further that it was now time-expired. The inspector, however, had regard to the remarks of the judge in the case of Hussain v Secretary of State for Communities and Local Government . He ruled that it is possible to commence a development for the purpose of section 56 of the 1990 Act and thereby meet a deadline forming a condition of the permission, and then later to deviate from the permitted works in a manner that later becomes an enforcement issue, without retrospectively altering the fact that the commencement of the development had occurred.
In determining an appeal against an enforcement notice directed at the keeping and breeding of St Bernard dogs at a property in Norfolk (DCS Number 400-033-611) an inspector pointed out that there is no statutory limit on the number of dogs that can be kept at a dwelling before a material change of use takes place.