05 January, 2021
In Ceredigion County Council v Robinson (No 2) [2020] EWHC 3425 (Admin), the Divisional Court (Stuart-Smith LJ and Jefford J) have held that an information under s. 179 of the Town and Country Planning Act 1990 does not need expressly to state the date by which an enforcement notice should have been complied with. Authority to the contrary, Maltedge and Frost v Wokingham DC [1992] 64 P & CR 487, is no longer good law in light of the changes to the statutory wording of s. 179 since it was decided.
The Court went on to note that it would not have been wrong for the informations to have asserted expressly the date on which the prosecutor contended that the period for compliance had expired; but the informations were not defective for not having done so.
Annabel Graham Paul acted for the successful prosecuting authority, Ceredigion County Council. A copy of the judgment can be found here.
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