Rastrum Ltd & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWCA Civ 1340 (12 November 2009)

Rastrum Ltd & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWCA Civ 1340 (12 November 2009)

The planning permission was incapable of lawful implementation after the expiry of the period for approval of reserved matters; the access works did not constitute a lawful commencement; no legitimate expectation arose to override statutory requirements; and the refusal to grant a Certificate of Lawful Use or Development was well-founded.

Citation
[2009] EWCA Civ 1340
Parties
First Respondent: Rastrum Limited; Second Respondent: RA Benge; Appellants: Secretary of State for Communities and Local Government & Another
Jurisdiction
England and Wales
Judgment Date
12 November 2009
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment on Appeal From the Queen's Bench Division, Administrative Court
Outcome
Appeal allowed; Inspector's decision restored.
Legal Topics
Certificate of Lawful Use or Development, Outline Planning Permission, Reserved Matters, Legitimate Expectation, Enforcement Action, Abuse of Power
Planning Law Administrative Law Public Law Certificate of Lawful Use or Development Outline Planning Permission Reserved Matters Legitimate Expectation Enforcement Action +1 more

Case Brief

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Parties

Rastrum Limited

First Respondent

RA Benge

Second Respondent

Secretary of State for Communities and Local Government & Another

Appellants

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment on Appeal From the Queen's Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the planning permission granted in 1981 was lawfully capable of implementation at the time of the access works in 1987
  2. 2 Whether a legitimate expectation arose that the development could lawfully proceed
  3. 3 Whether the refusal to grant a Certificate of Lawful Use or Development was well-founded

Ratio Decidendi

The planning permission was incapable of lawful implementation after the expiry of the period for approval of reserved matters; the access works did not constitute a lawful commencement; no legitimate expectation arose to override statutory requirements; and the refusal to grant a Certificate of Lawful Use or Development was well-founded.

Court Disposition

Appeal allowed; Inspector's decision restored.

Orders

  • Appeal allowed
  • Inspector's decision dismissing the section 195 appeal restored