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R (on the application of Fidler) v Secretary of State and Reigate Borough Council (High Court)

DATE: 31 Mar 2011

Statutory challenge (s289); Enforcement; lawful development

Guy Williams acted for the Council.

This was an application under section 289 of the 1990 Act to challenge the decision of the Secretary of State to uphold an enforcement notice issued by the Council requiring hardstandings, ponds, and ornamental terracing to be removed. The garden development had been carried out after Mr Fidler had unveiled his house from within the haystack, and this case is related to the continuing dispute about the lawfulness of that building.

In this case the High Court agreed with the Secretary of State and the Council that Mr Fidler's case was unarguable.