East Hertfordshire District Council, R (on the application of) v First Secretary of State, Court of Appeal - Administrative Court, March 19, 2007, [2007] EWHC 834 (Admin)

Reporting Judge: [2007] EWHC 834 (Admin)

President: East Hertfordshire District Council, R (on the application of) v First Secretary of State

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East Hertfordshire District Council, R (on the application of) v First Secretary of State, Court of Appeal - Administrative Court, March 19, 2007, [2007] EWHC 834 (Admin)

SMITH BERNAL WORDWAVE

CO/1548/2006

Neutral Citation Number: [2007] EWHC 834 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Monday, 19th March 2007

B E F O R E:

MR JUSTICE SULLIVAN

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THE QUEEN ON THE APPLICATION OF EAST HERTFORDSHIRE DISTRICT COUNCIL

(CLAIMANT)

-v-

THE FIRST SECRETARY OF STATE

(DEFENDANT)

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Computer-Aided Transcript of the Stenograph Notes of

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(Official Shorthand Writers to the Court)

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MR R WHITE (instructed by East Hertfordshire District Council) appeared on behalf of the CLAIMANT

MR D KOLINSKY (instructed by the Treasury Solicitor) appeared on behalf of the DEFENDANT

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J U D G M E N T1. MR JUSTICE SULLIVAN:

Introduction

2. In this application for judicial review, the claimant local planning authority challenges a decision by an Inspector appointed by the defendant to quash an enforcement notice issued by the claimant on the ground that the enforcement notice was a nullity.

Factual background

3. On 12th February 2003, the claimant granted planning permission to the interested party for the redevelopment of a timber barn to form bed and breakfast letting units on land at the rear of the Green Man public house, High Street, Widford, Hertfordshire. During the construction of the new barn the claimant's enforcement officers formed the view that the barn was not being erected in accordance with the approved plans in respect of its siting and height. The claimant was of the opinion that there had been a breach of planning control and that the barn, as constructed, had an unacceptable effect on the adjoining property which is a listed building in a conservation area.

4. On 13th Aug...

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