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Planning – enforcement notices – failure to exercise appeal – stay of proceedings – Challinger criteria
Where a person had failed to appeal an enforcement notice, a stay of enforcement proceedings would only be granted where there was a cast-iron ground of appeal and an understandable reason why an appeal was not pursued.
9 February 2012
Richards LJ; Maddison J
(i) Mr Altunkaynak (A) sought to challenge by way of judicial review the decision of Northamptonshire Magistrates’ Court (NMC) to refuse to stay criminal proceedings in relation to A’s failure to comply with an enforcement notice.
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