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Proportionality: Using a sledgehammer
Paul Kent and Sally Coleman explore a decision that underscores the need for proportionality in choosing the correct planning enforcement procedure ‘The court was scathing in its view of the action taken by the authority, finding on all four counts of alleged breach that the application was either “disproportionate”, “oppressive”, or both.’ Unnecessary, disproportionate and …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- South Bucks District Council v Porter [2001] EWCA Civ 1549; [2004] UKHL 33
- Stratford-upon-Avon District Council v Persimmon Homes Ltd [2015] EWHC 3593 (QB)