06 October 2017
R (on the application of Banghard) v Bedford Borough Council [2017] EWHC 2391 (Admin), [2017] All ER (D) 10 (Oct)
The defendant local planning authority had had no jurisdiction to decline to determine the claimant’s application for alteration to a building and use for storage, under Town and Country Planning Act 1990 s 70C. The Planning Court held that it could not properly be said that the permission sought for a storage building was part of the breach of planning control in the enforcement notice, alleging the unauthorised erection of a dwelling house.
