Rastrum Ltd & Anor v Secretary of State for Communities & Local Government & Anor [2009] EWHC 160 (Admin) (04 February 2009)

Rastrum Ltd & Anor v Secretary of State for Communities & Local Government & Anor [2009] EWHC 160 (Admin) (04 February 2009)

The period for enforcement against the 1987 commencement works has expired, rendering those operations lawful. Therefore, the planning permission and approval are extant, and the District Council should have granted a certificate of lawfulness for the proposed development. The Inspector erred in not allowing the appeal on this ground.

Citation
[2009] EWHC 160 (Admin)
Parties
First Claimant: Rastrum Limited; Second Claimant: Mr R A Benge; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Rother District Council
Jurisdiction
England and Wales
Judgment Date
04 February 2009
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment on Consolidated Claims
Outcome
Applications succeed; Inspector's decision quashed to the extent indicated.
Legal Topics
Certificate of Lawful Use, Legitimate Expectation, Abuse of Power, Enforcement of Planning Permissions, Section 106 Agreements
Planning Law Administrative Law Public Law Certificate of Lawful Use Legitimate Expectation Abuse of Power Enforcement of Planning Permissions Section 106 Agreements

Case Brief

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Parties

Rastrum Limited

First Claimant

Mr R A Benge

Second Claimant

Secretary of State for Communities and Local Government

First Defendant

Rother District Council

Second Defendant

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment on Consolidated Claims

Legal Issues

  1. 1 Whether the commencement of works in 1987 lawfully implemented the planning permission RR/79/0400 and RR/84/0498
  2. 2 Whether the works, if commenced in breach of condition, are now immune from enforcement and thus lawful
  3. 3 Whether the conduct of the local authorities created a legitimate expectation that the permissions were extant

Ratio Decidendi

The period for enforcement against the 1987 commencement works has expired, rendering those operations lawful. Therefore, the planning permission and approval are extant, and the District Council should have granted a certificate of lawfulness for the proposed development. The Inspector erred in not allowing the appeal on this ground.

Court Disposition

Applications succeed; Inspector's decision quashed to the extent indicated.

Orders

  • District Council should have granted a certificate of lawfulness for the proposed development.
  • If the primary ground fails, the issues of legitimate expectation and abuse of power are to be remitted for further consideration.