Rastrum Ltd & Anor v Secretary of State for Communities & Local Government & Anor [2009] EWHC 184 (Admin) (04 February 2009)

Rastrum Ltd & Anor v Secretary of State for Communities & Local Government & Anor [2009] EWHC 184 (Admin) (04 February 2009)

When the period for enforcement action against the 1987 operations expired, those operations became lawful. Therefore, the development was lawfully commenced and the 1981 permission and 1984 approval are extant. The District Council should have granted a certificate of lawfulness for the proposed development. The...

Source-derived case information.

Citation
[2009] EWHC 184 (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 (section 288 Town and Country Planning Act 1990) / High Court Judgment on Consolidated Claims
Outcome
Application succeeds; Inspector's decision quashed.
Legal Topics
Certificate of Lawful Use, Legitimate Expectation, Abuse of Power, Commencement of Development, Enforcement Immunity, Section 106 Agreements
Planning Law Administrative Law Public Law Certificate of Lawful Use Legitimate Expectation Abuse of Power Commencement of Development Enforcement Immunity +1 more

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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 (section 288 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 and approval (RR/79/0400 and RR/84/0498)
  2. 2 Whether the works, if commenced in breach of condition, are now lawful due to immunity from enforcement
  3. 3 Whether the conduct/statements of the local authorities created a legitimate expectation that the permission and approval are extant

Ratio Decidendi

When the period for enforcement action against the 1987 operations expired, those operations became lawful. Therefore, the development was lawfully commenced and the 1981 permission and 1984 approval are extant. 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 succeeds; Inspector's decision quashed.

Orders

  • District Council to grant a certificate of lawfulness for the proposed development.
  • Other issues regarding legitimate expectation and abuse of power to be remitted for further consideration if necessary.