Regional Spatial Stategies, setting targets for new homes within regions, and governing planning consents were to be withdrawn by the respondent and replaced in due course by a new planning bill. The claimant objected that this could only be achieved by primary legislation, and that pending such it was wrong to allow the respondent to … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 10 Nov 2010

Application pursuant to Section 288 of the Town and Country Planning Act 1990 in relation to the decision of the defendant’s duly appointed inspector in which he dismissed the appeal of the claimant against the interested parties’ refusal of an application under Section 192(1)(b) of the 1990 Act in respect of a certificate of lawful … Continue reading Choiceplace Properties Ltd v Secretary of State for Housing Communities and Local Government: Admn 27 Apr 2021

The appellant appealed a refusal of a lawful development certificate for non-compliance with an agricultural occupancy condition. It had been originally required to be used for occupation by an agricultural worker, but was occupied in breach of that condition for several years. The breach had ceased by the time the certificate was applied for. At … Continue reading Nicholson v The Secretary Of State For The Environment and Maldon District Council: Admn 14 Aug 1997

Citations: [1996] EWHC Admin 181 Links: Bailii Statutes: Town and Country Planning Act 1990 Jurisdiction: England and Wales Planning Updated: 26 November 2022; Ref: scu.136729

The applicant, a gipsy had occupied land she had bought. Her occupation was in breach of planning control. The inspector found exceptional cirumstances for allowing her to continue to live there. The authority appealed. Held: The inspector had failed to take sufficient account of the unlawfulness fo her occupation. It was important that the concept … Continue reading South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and Linda Porter: CA 19 May 2003

Challenge to a discontinuance order made by the Teignbridge District Council (‘the Council’) under section 102 of the Town and Country Planning Act 1990 (‘the Act’) and confirmed by the First Secretary of State under section 103 of the Act by a decision dated 25 July 2005. The order concerned two fields just over 7 … Continue reading Jeffery and Another v First Secretary of State and Another: CA 20 Jun 2007

The local authority sought to remove forty families of Irish travellers and gypsies residing on unauthorised sites in their district. Judges: Collins J Citations: [2008] EWHC 987 (Admin), [2008] 19 EG 205, [2008] NPC 59, [2008] JPL 1787 Links: Bailii Statutes: Town and Country Planning Act 1990 8178 Jurisdiction: England and Wales Planning Updated: 22 … Continue reading Mccarthy and others v Basildon District Council: Admn 9 May 2008

The court was asked whether the erection of a marquee in the grounds of an hotel amounted to a development requiring planning permission. The hotel was a listed building. The marquee was only taken down once a year. Held: The marquee required permission. Judges: Morritt, Pill, Schiemann LJJ Citations: [2000] EWCA Civ 5569 Links: Bailii … Continue reading Skerritts of Nottingham Ltd v Secretary of State for Environment, Transport and Regions and Another: CA 22 Mar 2000

Judges: Rix LJ, Keene LJ, Hughes LJ Citations: [2007] EWCA Civ 864 Links: Bailii Statutes: Town and Country Planning Act 1990 285(1) Jurisdiction: England and Wales Citing: See Also – Staffordshire County Council v Challinor TCC 23-Feb-2007 Request for injunction to restrain breach of enforcement notice. . . See Also – Challinor v Regina CACD … Continue reading Staffordshire County Council v Challinor and Another: CA 17 Aug 2007

Renewed enforcement notices still had to be issued within a ten year period. A previous enforcement action taken by authority, needed itself to have been valid if it was to be used as a basis for keeping time running. ‘The breach of planning control alleged by the ‘second bite’ enforcement notice under section 171B(4) has … Continue reading William Boyer (Transport) Ltd v Secretary of State for the Environment and Another: CA 7 Feb 1996

Judges: Timothy Mould QC (sitting as a Deputy High Court Judge) Citations: [2021] EWHC 695 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 26 October 2022; Ref: scu.659909

The Council complained that the builder had not fulfilled its obligations under a section 106 agreement. Judges: Purle QC J Citations: [2011] EWHC 3548 (Ch) Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 20 October 2022; Ref: scu.452974

The claimant sought to have quashed an inspector’s decision not to grant retrospective planning permission for an extesion built to his property. Judges: Supperstone J Citations: [2014] EWHC 2729 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 16 October 2022; Ref: scu.535540

Question of the proper approach at law to the question of what amounts to ‘substantial completion’ of operations within the enforcement provisions of the Town and Country Planning Act 1990 Citations: [2001] EWCA Civ 1100, [2002] JPL 352, [2001] 3 PLR 107, [2002] 1 P and CR 38, [2001] 27 EGCS 133 Links: Bailii Jurisdiction: … Continue reading Sage v Secretary of State for Environment, Transport and Regions and Another: CA 28 Jun 2001

Limits of the power under section 73 of the Town and Country Planning Act 1990 to grant planning permission for development without complying with conditions subject to which a previous planning permission was granted. Citations: [2019] EWCA Civ 1868 Links: Bailii Jurisdiction: England and Wales Planning Updated: 09 September 2022; Ref: scu.643801

The court granted to Westminster an injunction forbidding defined uses of property in London. The defendant and persons unknown, were forbidden from using any part of the property for commercial or non-residential purposes and from undertaking any development in respect of the property without an express grant of planning permission. Judges: Eady J Citations: [2010] … Continue reading City of Westminster v Davenport and Another: QBD 30 Jul 2010

The Council had granted planning pemission for four blocks of student accomodation. The Executive objected that it had not dealt properly with the issue the proximity of a liquified petroleum gas storage depot. Held: Though there had been some confusion as to the need to revoke all or part only of the consent, the council’s … Continue reading The Health and Safety Executive v Wolverhampton City Council and Victoria Hall Ltd: CA 30 Jul 2010

Citations: [1997] EWCA Civ 1818 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Citing: Cited – Newbury District Council v Secretary of State for the Environment HL 1980 Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions … Continue reading Land at 34 Manor Road, Pawlett, Bridgewater, Arlidge v Secretary of State for Environment and Sedgemoor District Council: CA 9 Jun 1997

Citations: [2013] EWHC 23 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 Jurisdiction: England and Wales Planning Updated: 18 August 2022; Ref: scu.470128

Ms Bown had been granted conditional planning permission for an extension. That extension later came to be used as a separate dwelling in breach of the condition. The Council sought to enforce the condition. The defendant appealed the enforcement notice, and the inspector held the condition to be invalid, and that any enforcement had to … Continue reading Arun District Council v First Secretary of State and Another: QBD 5 Oct 2005

The land owner had received planning consent to erect a barn. Instead he constructed a house, but disguised it. Held: The appeal succeeded. Once the house had been used as such for four years, the authority was obliged to issue the certificate of lawful use even though the house had been built under a deception. … Continue reading Welwyn Hatfield Council v Secretary of State for Communities and Local Government and Another: CA 29 Jan 2010

The claimants challenged the validity of a planning permission allowing the transfer of a camping site permission out of a flood zone. Held: Ouseley J considered whether the cost of compensation on the amendment of a permission was a material consideration, saying: ‘An expedient decision would, to my mind, necessarily require attention to be paid … Continue reading Usk Valley Conservation Group and Others, Regina (on The Application of) v Brecon Beacons National Park and Others: Admn 27 Jan 2010

The claimant sought to have development stopped on a site which it said was too near a site for the storage of liquid petroleum gas. Held: Collins J allowed the claim and granted declaratory relief that Wolverhampton had failed to: (i) notify the HSE that it was minded to grant permission; (ii) notify the HSE … Continue reading Health and Safety Executive v Wolverhampton City Council and Another: Admn 5 Nov 2009

The applicant sought to quash a decision letter. It had wanted to create a development, but the local authority considered it had not met the requirement to include affordable housing. It was agreed that a need existed for affordable housing, and the Inspector considered the development large enough to be required to make provision. The … Continue reading The London Borough of Barnet v Secretary of State for the Home Department, McCarthy and Stone (Developments) Ltd: Admn 23 Aug 2001

The Council appealed a decision of the Assembly extending time for compliance with an enforcement notice from two months to two years. They believed that an error of law had occurred insofar as a 1973 permission had expired. The only works undertaken within the initial five year period were of demolition. The Act as it … Continue reading Ceredigion County Council v National Assembly for Wales, and E D Harrison: Admn 21 Sep 2001

Complaint that the defendant Local Authority had not properly exercised its discretionary powers under section 173(a)(1) of the Town and Country Planning Act 1990 or to waive or relax its requirements in circumstances when it became apparent in 2014 that gates and pillars at the claimant’s property specified in an enforcement notice served in 2008 … Continue reading Segar and Another, Regina (on The Application of) v Wychavon District Council: Admn 5 Mar 2015

The landowner applied for planning permission to erect an extension. The Inspector rejected the application on the basis that the privacy and outlook of the neighbouring property would be adversely affected. His inspection had been limited, and had incorrectly thought that the neighbour’s land included a patio area when it was in fact a flat … Continue reading McGowan v Secretary of State for Transport, Local Government and the Regions: Admn 18 Mar 2002

The applicant had outline planning permission for residential development of a green field site in an urban area. He allowed it to expire, and made further application. On the local authority failing to decide, it applied to the inspector who refused it. In the light of current policies (PPG3), such development was no longer appropriate. … Continue reading Joinglobal Ltd v Secretary of State for Environment Transport and the Regions, and Another: Admn 3 Oct 2001

The court dismissed an application by the council under section 288 of the Town and Country Planning Act 1990 seeking to quash a decision of the Secretary of State given by his duly appointed inspector by letter dated 19 February 2002. The inspector had allowed an appeal against a decision of the council on 5 … Continue reading South Bucks District Council and Another v Porter: Admn 17 Sep 2002

A college owned land which it sought to develop for residential purposes. The officers supported the proposal but the committee and inspector went against it, on the basis that it would be a loss of an opportunity to a neighbouring football club to expand. The landowner said there was no evidence of any prospect of … Continue reading Stroud College v Secretary of State for Transport, Local Government and the Regions: Admn 25 Mar 2002

The applicant had erected various buildings without permission. At one point, one of two enforcement notices was set aside on the basis that the use had been established for more than four years. Subsequently, buildings were demolished and rebuilt. He answered a further enforcement notice saying that the use had been lawful by virtue of … Continue reading Everett v Secretary of State for Environment Transport and the Regions, and Another: Admn 3 Sep 2001

The land-owner had received planning permission to construct an extension to her home subject to a condition that it could be occupied only by a dependant relative. In 1996, she let it to students in breach of the condition. In 1996, te council took enforcement proceedings. She answered that the time limit for enforcement was … Continue reading First Secretary of State v Arun District Council and Another: CA 10 Aug 2006

Appeal from an order allowing Winchester City Council’s appeal, under section 289 of the Town and Country Planning Act 1990 against a decision of one of the Secretary of State’s Planning Inspectors to allow the respondent’s appeals against six enforcement notices (enforcement notices A to F) issued by the Council in respect of land at … Continue reading Wall and Others v Winchester City Council and Another: CA 17 Mar 2015

An injunction is not available to enforce a stop notice whilst an appeal was pending. The court may not use its own inherent powers to fill an apparent gap in legislation. The planning code was intended to be comprehensive. Citations: Gazette 15-Jan-1992 Statutes: Town and Country Planning Act 1990 183(1), (3)(b) Jurisdiction: England and Wales … Continue reading Doncaster Borough Council v Green and Others: CA 15 Jan 1992

The applicant sought planning permission to pull down some buildings formerly used as a mushroom farm. The application was refused on the ground that it would remain available for industrial use. The applicant contended it would be low grade use. The inspector found that the dilapidated condition of the buildings made it unlikely that any … Continue reading Edward Ware New Homes Ltd v Secretary of State for the Environment, Transport and the Regions: Admn 19 Dec 2001

The council appealed against the decision of the inspector that the land-owner should be granted a certificate of lawful development. Held: Collins J over-turned the inspector’s decision. He viewed the building as the permitted barn, but went on to hold that there had never been any intention to use the building other than as a … Continue reading Welwyn Hatfield Council, Regina (On the Application of) v Secretary of State for Communities and Local Government and Another: Admn 7 Apr 2009

The applicants were granted permission to construct a golf course and other facilities. They were then served with enforcement notices requiring them to remove waste materials deposited on the site. They appealed contending that the notices went beyond that required to comply with the planning permission. Held: It was proper for the notices to require … Continue reading Secretary of State for Environment Transport and the Regions and Another v Wyatt Brothers (Oxford) Ltd: CA 26 Oct 2001

statutory review pursuant to s.288 of the Town and Country Planning Act 1990 in respect of the Decision Letter dated 23 January 2018 of the first defendant Secretary of State’s Inspector, Mr Brendan Lyons. By that decision he allowed the appeal of the second and third defendants, Dr and Mrs Parsons, against the claimant council’s … Continue reading Newark and Sherwood District Council v The Secretary of State for Housing, Communities and Local Government and Others: QBD 19 Jul 2018

The claimant sought to appeal an enforcement notice. The land had been used for crushing etc concrete. The council had said it was an unlicensed waste management facility. A temporary permission had been granted subject to an obligation under s106. Held: Permission was obtained for a filetring media plant, but under the subsequent Use Classes … Continue reading Wiggins v Secretary of State for The Environment, Transport and The Regions: Admn 21 Dec 2000

An enforcement notice was issued. The land-owner resisted, saying that the building had been substantially completed more than four years before. Held: It was necessary only that the building works permitted by the permission should be complete, and not that the building should be complete in other ways so as to have made it habitable. … Continue reading Alan Frank Sage v Secretary of State for Environment Transport and Regions and Maidstone Borough Council: Admn 11 Oct 2000

The claimants owned land designated as green belt. They sought its exclusion from the green belt and designation for employment purposes. At the enquiry, the inspector agreed, and recommended accordingly. The council took the land from the green belt, but allocated it within the UDP as open space. They refused to re-open the enquiry. Held: … Continue reading Braithwaite and Another v Doncaster Metropolitan Borough Council: Admn 17 Mar 2000

A metal framed marquee erected on the same site each year and kept up until October, did not require planning permission. The decision that it did because it was a building was flawed. Insufficient attention had been given to whether there were any building operations which had taken place in connection with it. Citations: Times … Continue reading Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions v and Harrow London Borough Council (No 2): Admn 4 Jun 1999