S70C TCPA (power to decline to determine application): purpose

R (Banghard) v Bedford BC [2017] EWHC 2391: The authority was not, in this case able to engage s70C by claiming that the planning application involved part of the breach specified in the enforcement notice  as the breach was a different development (dwelling house) from the planning application (storage building).  The fact that some part of the building was the same and it is on the same footprint was not sufficient to mean that that the application was for development which constituted part of the breach.

O’Brient v South Cambridgeshire District Council [2016] EWHC 36

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