In R (Usher) v Forest Heath DC (2017) EWHC 2511 – Judge was of the view that the decision to take direction is one which falls within Article 6 although the point was not fully decided.

The judge did not see the guidance in PPG, which stated that default powers should be used when other methods have failed to persuade the owner or occupier of land to comply with the notice, as meaning that they had to undertake prosecution or apply for an injunction before they could take direct action.