04 April 2012
R (on the application of Harbige and another) v Secretary of State for Communities and Local Government [2012] All ER (D) 171 (Mar)
It was quite clear that the structure of the Town and Country Planning Act 1990 and the language used did not permit the interpolation of the word lawfully in s 55(2)(f), nor did it permit a construction in which a single purpose of any use class had to be undertaken before immunity was conferred on a use within that class. Crucial to the operation of the enforcement provisions was the concept of the carrying out of development without planning permission. Where the very activity at issue did not involve development at all, it was not possible to turn it into development for the purposes of enabling enforcement action to be taken against it.
