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Planning law - enforcement notices

27 September 2011

On 26th September 2011 the High Court extended an injunction preventing an enforcement notice being acted upon because of uncertainty in the scope of the enforcement notice. 

The Court held that because failure to comply with an enforcement notice was a criminal offence, the notice had to be construed stricly andy if there was ambiguity as to its scope, the doubt had to be resolved in favour of its recipient.

Patrick Egan v Basildon Borough Council [2011] EWHC 2416 (QB)

Andrew Petchey, Partner, Litigation