Planning law accords with common sense!
The High Court so held in giving judgment for the Appellant in Williams v SoS [2012] EWHC 3466 (Admin), a case which has taken over 2 ½ years to work its way through the Administrative Court to a conclusion.
The Court’s decision concerns an enforcement notice served in early 2009 which required the demolition of a large building constructed upon and extending the footprint of a pre-existing agricultural barn in the green belt. Planning permission had been granted to convert and extend that barn to such a degree that the resultant building might be to all intents and purposes a new building. In seeking to implement that consent Mr Williams had constructed a different and more substantial building to that permitted, and the authority’s notice required him to demolish it entirely.
The Judge found this was excessive and has remitted the appeal to the Secretary of State for reconsideration.
Harriet Townsend acted for Mr Williams, the appellant.
