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

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

The planning permission was not lawfully implemented because not all reserved matters were approved within the required period, making the permission incapable of lawful implementation. No legitimate expectation arose to prevent enforcement or require the grant of a certificate, as there was no clear representation, reliance, or detriment, and statutory requirements could not be bypassed.

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
Civil Appeal / Court of Appeal Judgment on Appeal From Queen’s Bench Division Administrative Court
Outcome
Appeal allowed; Inspector’s decision restored; section 195 appeal dismissed
Legal Topics
Certificate of Lawful Use or Development, Outline Planning Permission, Legitimate Expectation, Enforcement Action, Reserved Matters
Planning Law Administrative Law Certificate of Lawful Use or Development Outline Planning Permission Legitimate Expectation Enforcement Action Reserved Matters

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

Civil Appeal / Court of Appeal Judgment on Appeal From Queen’s Bench Division Administrative Court

Legal Issues

  1. 1 Whether the planning permission was lawfully implemented and extant at the time of the LDC application
  2. 2 Whether a legitimate expectation arose preventing enforcement action or refusal of the LDC
  3. 3 Whether the Inspector’s decision to dismiss the section 195 appeal was correct

Ratio Decidendi

The planning permission was not lawfully implemented because not all reserved matters were approved within the required period, making the permission incapable of lawful implementation. No legitimate expectation arose to prevent enforcement or require the grant of a certificate, as there was no clear representation, reliance, or detriment, and statutory requirements could not be bypassed.

Court Disposition

Appeal allowed; Inspector’s decision restored; section 195 appeal dismissed

Orders

  • Appeal allowed
  • Inspector’s decision restored