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A legal battle over demolition of a garage at Cardiff is to go to the High Court....
A legal battle over demolition of a garage at Cardiff is to go to the High Court.

A judge in London yesterday paved the way for the dispute between Cardiff CC and the National Assembly for Wales over the garage which the council ordered should be demolished after work on it was not completed on time to be decided by one of the country's top judges.

Mr Justice Wilkie gave the council the go-ahead to challenge a decision by the National Assembly to overturn it's order for removal of the construction owned by Mr M. Malik of Allensbank Road, Heath, Cardiff.

Planning permission was given to Mr Malik and work was started. However, after a delay an enforcement notice was imposed seeking removal of the structure. Mr Malik then successfully appealed against that to the National Assembly.

Yesterday though Cardiff CC won the go-ahead to bring judicial review proceedings in respect of the National Assembly's decision. Mr Justice Wilkie commented: 'It is at least arguable.'

The judge was told that following the delay in completion the garage the county council issued a compliance notice for the work and later issued the enforcement notice seeking removal of the structure.

Morag Ellis, for Cardiff CC, told the court the provisions for the issue of enforcement notices were available 'in the event of a breach of planning control.'

'It provides for the service of a completion notice where a planning permission is subject to a condition that the development to which it relates must be begun before the expiration of a particular period but that period has elapsed without it being completed.

She told the judge the regulations were aimed at preventing the 'unnecessary accumulation of unimplemented permissions' and were 'in the interests of good planning.'

She said that if the period specified in the completion notice elapsed without the development being completed in accordance with the planning permission, then that permission would become invalid.

No date has been fixed for the case to be heard.


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