The applicant sought to develop an asylum centre. Rather than apply for planning permission, it had served a notice of proposed development for the Crown. The Council appealed dismissal of its objections to the use of the procedure. Held: The appeal failed. The Crown was not subject to planning control. The section was to be … Continue reading Regina (Cherwell District Council) v First Secretary of State, Secretary of State for the Home Department: CA 28 Oct 2004

Regional Spatial Stategies, setting targets for new homes within regions, and governing planning consents were to be withdrawn by the respondent and replaced in due course by a new planning bill.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

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 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

An action for a occupancy in breach of a planning consent remained enforceable after the 4 year limitation period. Citations: Times 19-Jul-1993, Independent 16-Jul-1993 Statutes: Town and Country Planning Act 1990 172(4) Jurisdiction: England and Wales Planning Updated: 26 October 2022; Ref: scu.84273

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

The developer appealed against refusal of an order releasing it from undertakings given to the local authority under section 106. Judges: Pill, Rimer, Munby LJJ Citations: [2011] EWCA Civ 1062 Links: Bailii Statutes: Town and Country Planning Act 1990 106(1) Jurisdiction: England and Wales Planning Updated: 20 September 2022; Ref: scu.444598

Permission for the change of use of land to allow erection of a wind turbine had been quashed on the basis that the LA had taken account of an irrelevant matter, namely the proposed financial contributions from the development to the local community. Held: The appeal failed.Davis LJ gave a short concurring judgment to emphasise … Continue reading Wright, Regina (on The Application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd: CA 14 Dec 2017

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

Claim for a declaration as to the meaning of an agreement made under section 106 of the Town and Country Planning Act 1990 Judges: Swift J DBE Citations: [2010] EWHC 3095 (QB), [2011] PTSR D8 Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 18 August 2022; Ref: … Continue reading Hampshire County Council v Beazer Homes Ltd: QBD 29 Nov 2010

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

Appeal by case stated from rejection of complaint of breach of enforcement notice. Citations: [2014] EWHC 4550 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 179(1) Jurisdiction: England and Wales Planning Updated: 11 August 2022; Ref: scu.542579

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 parties disputed what was due to be paid under a section 106 agreement. Judges: Ouseley J Citations: [2011] EWHC 242 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 03 August 2022; Ref: scu.429686

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 Royal Opera House sought permission and listed building consents to carry out a re-development, extending and modernising the House raising it to international standards, and to develop the surrounding area consistently with that project. Parts of the site were proposed to be used for the erection of office accommodation, which would be a departure … Continue reading Regina v Westminster City Council, ex parte Monahan: CA 1989

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

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 a judicial review of a grant of planning permission. She said that in the considerable time gap between the decision in principle, and the decision notice, several elements had changed requiring the decision to be reconsidered. Held: Review was refused. The section required the authority to have regard to all material considerations … Continue reading Regina (on the Application of Kides) v South Cambridgeshire District Council Ltd: CA 9 Oct 2002

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

When an enforcement notice had been served, it was enough evidence in the circumstances that the person served was an owner of the land within the Act to show that he had applied for change of use of the land stating that he was the owner of the land Citations: Gazette 25-Nov-1998, [1998] EWHC Admin … Continue reading Walton v Sedgefield Borough Council: Admn 16 Nov 1998

The new established use procedure replaced entirely the old system of planning of saying whether or not application for permission for change of use was required. Citations: Times 18-May-1998, [1998] EWHC Admin 462 Links: Bailii Statutes: Town and Country Planning Act 1990 191 192 193 194 195 196 Planning Updated: 27 May 2022; Ref: scu.138583

The applicant sought to quash an enforcement notice, regarding a change of use from residential to mixed residential and holiday accommodation. The change had taken in respect of several units over a long period of time. The inspector sought to bring them together and by treating them as one unit, he brought the development within … Continue reading T A J Moore v The Secretary of State for the Environment, The New Forest District Council: Admn 25 Oct 1996

The outbuildings of a large country house had been converted into ten single self-contained units of residential accommodation for the purpose of holiday lettings. Nine of the units were in use by May 1991. In May 1995 the local planning authority issued an enforcement notice alleging a material change of use from residential to mixed … Continue reading Moore v Secretary of State for Environment and New Forest District Council: CA 18 Feb 1998

The court asked whether the four year enforcement rule applied in respect of subdivision of a larger building to create single dwelling houses or applied only in the case of conversion of a single building to single dwelling houses. Held: It applies to subdivision. The concept of the planning unit has no part to play … Continue reading Van Dyck v Secretary of State for the Environment: CA 1993

Where an activity had been continuing without planning permission for 10 years it was no obstacle to obtaining a certificate of lawful use that the activity had been illegal because it had been carried out without a waste management licence. A certificate once granted is conclusive answer to any enforcement notice subsequently issued and is … Continue reading Epping Forest District Council v Philcox: CA 13 Apr 2000

The owners of a rugby football stadium were not entitled to a certificate of lawfulness of a proposed use under the section, for the use of the stadium as an open air concert hall. The idea of a concert hall required the idea that it should be a closed area. Nor were attendees at such … Continue reading Rugby Football Union v Secretary of State for the Environment, Transport and the Regions and Another: QBD 25 Oct 2001

Where an enforcement notice did not include any required steps, s173(11) does not apply, and an inspector has no power under s176(1) to amend the notice by adding steps to be taken where the issuing local authority could not itself have included it. Citations: Times 16-Jun-1999, Gazette 16-Jun-1999, [1999] 3 All ER 247 Statutes: Town … Continue reading Tandridge District Council v Verrechia: CA 16 Jun 1999

A finding by the local planning authority that applications for listed buildings consent and planning permission were invalid, was not sufficient to exclude the right of the applicant to appeal to the Secretary of State against that finding of validity. This was in accordance with the broad purposes of the planning legislation despite apparently inconsistent … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, ex parte Bath, and North East Somerset District Council: CA 3 Jun 1999

Land on a farm had been used intermittently for many years as an airfield. The local authority issued two enforcement notices, one in respect of a building used as a hangar, and one for unlawful change of use from domestic and agricultural purposes to use for domestic purposes and as an airfield. The inspector allowed … Continue reading Secretary of State for the Environment, Transport and the Regions and another v Thurrock Borough Council: CA 27 Feb 2002

Judges: Lord Carlile of Berriew QC Citations: [2009] EWHC 829 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 Jurisdiction: England and Wales Planning Updated: 05 May 2022; Ref: scu.341855

Planning battles had raged over the use of the former GLC County Hall. The question was whether it was desirable and appropriate to retain use of part of the building for London Government offices and centred on the ‘competing needs’ test. Held: County Hall in London was not an office use, but was a Local … Continue reading London Residuary Body v Lambeth London Borough Council: HL 1990

The applicant sought to allow the roof of its store to be used as a helicopter landing pad, and sought a lawful use certificate. It asserted that such a use was incidental to its main normal use. The secretary of state refused a certificate, against the inspector’s advice, saying that such a use was not … Continue reading Harrods Ltd v Secretary of State for the Environment, Transport and the Regions and Another: CA 7 Mar 2002