Practice and Procedure

R V EPPING FOREST DISTRICT COUNCIL, EX PARTE MARTIN PHILCOX (2000)

PUBLISHED December 8, 2000
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Where the clear words of a statute stated what was lawful there could be no application of any general principle that a person should not gain from his own criminal conduct and accordingly, in the present case, notwithstanding the commission of a criminal offence under s.33 Environmental Protection Act 1990, a local planning authority was entitled to grant a certificate of lawful established use under s.191 Town and Country Planning Act 1990 where the time limit for bringing enforcement proceedings had expired and the Act provided that in those circumstances the operation was rendered lawful. * Leave to appeal to the House of Lords refused.

CA (Civ Div) (Pill LJ, Chadwick LJ, Buxton LJ)

08/12/2000

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