London Borough of Barking and Dagenham v Zannat Ara Aziz

Statutory Appeal Grounds (s.174(2)): An appeal against an enforcement notice can be brought on various grounds, including non-service as required by s.172.

Town and Country Planning Act 1990

Statutory Defence (s.179(7)): It is a defence to a s.179 offence if the defendant was not served with an unregistered enforcement notice and was genuinely unaware of its existence.

Town and Country Planning Act 1990

Statutory Disapplication (s.285(2)): In s.179 proceedings, a Non-Newcomer who was not served, genuinely and excusably unaware of an enforcement notice, and substantially prejudiced by the lack of service, can challenge the notice's validity on Statutory Appeal Grounds.

Town and Country Planning Act 1990

Registration of enforcement notices encourages vigilance. While not always fatal to a defense, it is a relevant factor in determining whether a defendant could reasonably have been expected to know of the notice.

R v Collett [1994] 1 WLR 475

A served defendant cannot use unawareness as a defense; the Statutory Appeal Grounds are not available as defenses in s.179 proceedings.

Wicks [1998] AC 92