Ellis v Secretary of State for Communities & Local Government & Anor [2009] EWHC 634 (Admin) (31 March 2009)

Ellis v Secretary of State for Communities & Local Government & Anor [2009] EWHC 634 (Admin) (31 March 2009)

A certificate of lawfulness for breach of a planning condition can only be granted if the breach is subsisting at the date of the application, regardless of whether immunity from enforcement was previously acquired; the Inspector did not err in law in refusing the CLEUD or planning permission.

Citation
[2009] EWHC 634 (Admin)
Parties
Claimant: Peter Ellis; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: Chiltern District Council
Jurisdiction
England and Wales
Judgment Date
31 March 2009
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application refused
Legal Topics
Certificate of Lawfulness of Existing Use or Development (cleud), Planning Permission, Breach of Planning Condition, Enforcement Immunity, Local Plan Policy, Judicial Review
Planning Law Administrative Law Certificate of Lawfulness of Existing Use or Development (cleud) Planning Permission Breach of Planning Condition Enforcement Immunity Local Plan Policy Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

Peter Ellis

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Chiltern District Council

2nd Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether a CLEUD can be granted where a breach of condition was immune from enforcement but not subsisting at the date of application
  2. 2 Whether the Inspector erred in law in refusing planning permission for removal of an agricultural occupancy condition

Ratio Decidendi

A certificate of lawfulness for breach of a planning condition can only be granted if the breach is subsisting at the date of the application, regardless of whether immunity from enforcement was previously acquired; the Inspector did not err in law in refusing the CLEUD or planning permission.

Court Disposition

Application refused

Orders

  • The application by the Claimant is refused.