Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin), [2010] All ER (D) 29 (Feb)
Queen’s Bench Division, Administrative Court, Sir Thayne Forbes sitting as a judge of the High Court, 3 February 2010
Straw bails used to disguise a building built without planning permission may be considered an integral part of building operations, and accordingly, pursuant to s 171B of the Town and Country Planning Act 1990 (TCPA 1990), the four-year time limit for issuing an enforcement notice may not begin to run until after the bails have been removed. It is a matter of fact and degree as to whether such an activity forms part of the overall building operations.
Stephen Hockman QC (instructed by Wright Hassall LLP) for the appellant. Paul Brown QC (instructed by the Treasury Solicitor) for the Secretary of State Rupert Warren (instructed by the instructed by the Principal Solicitor, Reigate and Banstead Borough Council) for the authority.
The appellant built
