Jurisdiction(s):
United Kingdom

Planning enforcement: collateral challenges to Article 4 Directions barred in s179 prosecutions; validity to be pursued via s174 TCPA 1990 appeal (Zafar v Stoke-on-Trent CC, England and Wales)

Published on: 07 December 2020

Published by a LexisNexis Planning expert

Legal News

Article summary

What are the practical implications of this case?

This decision is important for prosecutions about enforcement notices where the charge is that a defendant failed to comply with a notice in circumstances where an Article 4 Direction is in place removing permitted development rights. The court held that a defendant cannot require the prosecution to prove the existence of the relevant Article 4 Direction, because that question concerns the validity of the enforcement notice itself and, under TCPA 1990, s 285, may only be pursued by way of an appeal to the Secretary of State under TCPA 1990, s 174.

What was the background?

Mr Zahar repainted the outside of his home a dark grey and replaced wooden framed windows with upvc windows. The property was within a conservation area in which permitted development rights for these alterations had been withdrawn by an Article 4 Direction. He...

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