The purpose of section 70C of TCLA 1990 is to enable a LPA to decline to determine an application for planning permission in respect of a breach of planning control which had a pre-existing ENFORCEMENT NOTICE issued in respect of that breach. The Court of Appeal in R ( Moran ) v MEDWAY Council m( 2026 EWCA Civ 484 says that the following questions arise for consideration by a LPA contemplating the use of Section 70C : (1) whether there is such a Notice,and (2) if so, whether the applicant seeks permission for development which includes development identified as a breach of planning control in that Notice. If so then then the LPA has a DISCRETION whether to (i) decline to consider the application, or (ii) to accept it and determine it on its merits ( which does not however require a full appraisal of the planning merits).
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