header-logo header-logo

Town and country planning—Dwelling concealed by straw bales—Whether straw bales constituting part of building operations

11 February 2010
Issue: 7404 / Categories: Case law , Law reports
printer mail-detail

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin), [2010] All ER (D) 29 (Feb)

Queen’s Bench Division, Administrative Court, Sir Thayne Forbes sitting as a judge of the High Court, 3 February 2010

Straw bails used to disguise a building built without planning permission may be considered an integral part of building operations, and accordingly, pursuant to s 171B of the Town and Country Planning Act 1990 (TCPA 1990), the four-year time limit for issuing an enforcement notice may not begin to run until after the bails have been removed. It is a matter of fact and degree as to whether such an activity forms part of the overall building operations.

Stephen Hockman QC (instructed by Wright Hassall LLP) for the appellant. Paul Brown QC (instructed by the Treasury Solicitor) for the Secretary of State Rupert Warren (instructed by the instructed by the Principal Solicitor, Reigate and Banstead Borough Council) for the authority.

The appellant built

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll