Katherine Higgs successful in Divisional Court

Katherine Higgs, instructed by Bethanie Mantin of Ashtons LLP, represented the Respondent at the Divisional Court in an appeal by way of case stated.

The appeal was lodged by the Appellant Local Authority following the Respondent’s acquittal in the magistrates’ court for breach of an enforcement notice, contrary to s179 Town and Country Planning Act 1990. The appeal was dismissed.

The court clarified the law in relation to defences to an offence contrary to s179(2) of the Town and Country Planning Act 1990. It was confirmed that there are two avenues to challenge the offence where an enforcement notice has not been properly served, which run parallel to one another. Firstly, a defence available to all under s179(7) of the Act which is available only where the notice is not contained on the s188 register. Secondly, the defence which was relied upon by the Respondent at trial, under s285(2) of the Act, which opens a gateway to challenge the validity of the notice on the appeal grounds within s174(2) of the Act, allowing an opportunity akin to appealing against the notice where the notice has not been served upon the defendant and they have been substantially prejudiced as a result.

The case is reported at: https://www.bailii.org/ew/cases/EWHC/Admin/2024/1212.html