Practice and Procedure

R (on the application of KATHLEEN BUTLER) v WYCHAVON DISTRICT COUNCIL (2006)

PUBLISHED November 10, 2006

[2006] EWHC 2977 (Admin)

A local authority was entitled to bring a prosecution for breach of enforcement notices in relation to a site in a green belt area as it had given proper regard to all material considerations in refusing an application for planning permission, there were no exceptional circumstances and its decision to refuse planning permission was not disproportionate with the applicant's rights under the European Convention on Human Rights 1950 Art.8.

QBD (Admin) (Collins J)