The applicant appealed dismissal of his appeal against a planning enforcement notice issued by the respondent. He said the change had taken place more than ten years before the notice and so was immune to enforcement proceedings. An earlier decision appeared to establish use at that time.
Held: An issue estoppel was claimed for which there are four requirements: a formal decision on the issue, an issue between the parties to the decision, it must have been a final decision, and of the sort in which an issue estoppel can arise. Those conditions were met. The inspector had failed to recognise that his findings were limited by an issue estoppel, and the matter must be remitted..
Judges:
His Honour Judge Rich
Citations:
[1997] EWHC Admin 271, [1997] EWHC Admin 271
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Porter and Another v Secretary of State for Transport CA 3-Jun-1996
No issue estoppel on land value arose from a previous Secretary’s finding on Lands Tribunal. . .
Cited – Wychavon District Council v Secretary of State for the Environment and Another CA 24-Oct-1994
The Secretary of State was entitled to a costs order whether or not matter of principle had arisen in the course of a planning appeal. . .
Lists of cited by and citing cases may be incomplete.
Planning, Estoppel
Updated: 26 November 2022; Ref: scu.137216