Mungo Wenban-Smith
Year of call: 2004
On an appeal under s.289(1) of the Town and Country Planning Act 1990, the High Court held that an appellant could not seek to persuade a planning inspector to quash an enforcement notice, rather than amend it to reflect partial success on an appeal, under the Town and Country Planning Act 1990 s.174(2)(b) and (d), by arguing that the local planning authority should be given an opportunity to consider the expediency of taking enforcement action against the breach of planning control as determined by the inspector. Mungo Wenban-Smith appeared for the appellant.