Rastrum Ltd & Anor v Secretary of State for Communities & Local Government & Anor

Rastrum Ltd & Anor v Secretary of State for Communities & Local Government & Anor

The works commenced in 1987, though in breach of condition, became lawful due to the expiry of the enforcement period, rendering the planning permission and approval extant. Therefore, 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.

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 / Statutory Appeal / Judgment on Consolidated Claims Under Section 288 of the Town and Country Planning Act 1990
Outcome
Application allowed; Inspector's decision quashed to the extent specified.
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

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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 / Statutory Appeal / Judgment on Consolidated Claims Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether commencement of works in breach of condition rendered the planning permission extant or lapsed
  2. 2 Whether the works are now lawful due to immunity from enforcement
  3. 3 Whether a legitimate expectation was created by the local authority's conduct and Section 106 Agreement

Ratio Decidendi

The works commenced in 1987, though in breach of condition, became lawful due to the expiry of the enforcement period, rendering the planning permission and approval extant. Therefore, 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

Application allowed; Inspector's decision quashed to the extent specified.

Orders

  • District Council should have granted a certificate of lawfulness;
  • Other issues (legitimate expectation/abuse of power) remitted for further consideration if necessary.