Newham (London Borough of) v Miah and Another [2016] EWHC 1043 (Admin) – Ss 171B(2), 179(2), 285 and 329(1) TCPA – s 233 LGA 1972.
1) statute placed enforcement duty on local planning authority not on the Council of which the authority was a part.
- the relevant knowledge as to a person’s “usual or last known place of abode” or “last known address” was that of the local planning authority, not that of the Council as a whole.
2) reliance on the four year immunity period in s 171B (2) TCPA required D to prove the relevant use had been ongoing on a continuous basis throughout the period.
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