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There has been no breach of an enforcement notice, so no criminal offence. The question relates to where it is suspected that a breach of planning control has been delibrately concealed, and consideration is being given to applying to the magistrates' court for a planning enforcement order under s.171BA TCPA.
Since no criminal offence has been committed, and seeking a planning enforcement order is not a criminal matter was wondering if appropriate to invite suspect to an interview under caution to clarify whether there was deliberate concealment?
Can an interview under caution be used in civil cases?
My question relates to service of documents.
S.171BB (4) of the Town and Country Planning Act 1990 provides that an Application for a Planning Enforcement Order should be served on (i) the owner and occupier of the land, and (ii) any other person having an interest in the land.
The making of the PEO Application to the magistrates’ court is a civil matter.
Please clarify whether the Application should be served on a relevant party following the Civil Procedure Rules (Part 6?) or as provided for in S.329 of the 1990 Act.
O.k, please clarify why you say that Civil Procedure rules do not apply.
If the defendant does not appear at the hearing, the magistrates will only proceed in his absence if they are satisfied that the defendant was properly served within a reasonable time before the hearing. (S.55 Magistrates Court Act).
Since the matter will be brought before the magistrates (civil jurisdiction?) how is it determined what procedure is to be used?
Following from the above, with regard to hearsay evidence, it seems that in civil proceedings evidence will not be excluded on the grounds that it is hearsay (s.1 civil evidence act '95).
If however an officer's statement includes hearsay, under what procedure would the intention to rely on hearsay evidence be served on the other party, since civil procedure rules don't apply in the magistrates court?
It is not clear as yet, but was wondering what the procedure would be in these circumstances as far as notifying the other party.
Thanks, XXXXX XXXXX
Thanks, XXXXX XXXXX come back on the other issue later.
I do have another question though:
A planning injunction (s.187BTown and country planning act 1990) was granted which provides that no caravans are to be brought onto the land without express planning permission of the local authority, or by Order of the court.
However, further to paragraph 5 of Schedule 1 of the Caravan Sites and Control of Development Act 1960, an exempted organisation (e.g. caravan club) may issue a certificate for the use of land as a caravan site without the requirement of a licence.
a) Although the 1960 Act authorises the caravan club to issue a certificate for the use of land as a caravan site, will the injunction on the land prevent caravans being brought onto the site?
b) If caravans are brought onto the site does this mean the parties responsible will be in breach of the injunction?
Hi, I hadn't hear back on this question. Are you able to help with it?
To prevent gypsy's from bringing caravans onto the site.
To clarify, if the caravans are brought onto the site for leisure purposes this would not be in breach of the injunction?
The injunction says that unless express planning permission is granted, no caravans should be sited on the land for residential purposes; and no development as defined in s.55 TCPA 1990 is to take place on the land.
The purpose was to prevent gypsys bringing caravans onto the site.
It seems part 5 of schedule 2 of the General Permitted Development Order allows land to be used as a caravan site, in circumstances linked to Paragraph 5 of Schedule 1 of the Caravan Sites and Control of Development Act 1960.
The question I suppose is:
a) As the GPDO grants permission (arguably not express permission as required in the injunction) for use of land as a caravan site and refers to the 1960 Act re use by a caravan club for the siting of up to 5 caravans for leisure use - if the caravan club were to bring caravans onto the land for leisure purposes as permitted by the GPDO/1960 Act would this amount to a breach of the injunction?
b) Does the injunction take away permitted development rights?
Hi, I didn't hear back on the last question...
The part I wanted some clarification on is:
Could you let me know what an appeal by way of case stated is? This would be from the magistrates court to the high court (civil matter). Thanks