Imperial Resources SA, R (on the application of) v First Secretary of State in the Office of the Deputy Prime Minister & Ors

Imperial Resources SA, R (on the application of) v First Secretary of State in the Office of the Deputy Prime Minister & Ors

The inspector correctly applied the law by objectively assessing whether the works carried out were comprised in the permitted development. He found that the walls as built were not part of the approved scheme but were finished parapet walls, and that adapting them would require substantial demolition. The inspector's conclusion was a matter of fact and degree, and there was no error of law in his reasoning or approach.

Parties
Claimant: Imperial Resources SA; First Defendant: First Secretary of State in the Office of the Deputy Prime Minister; Second Defendant: The Royal Borough of Kensington and Chelsea
Jurisdiction
England and Wales
Judgment Date
17 March 2003
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment on Application to Quash Inspector's Decision
Outcome
Application dismissed
Legal Topics
Commencement of Development, Material Operations, Interpretation of Planning Permission, Judicial Review of Planning Decisions
Administrative Law Planning Law Commencement of Development Material Operations Interpretation of Planning Permission Judicial Review of Planning Decisions

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Parties

Imperial Resources SA

Claimant

First Secretary of State in the Office of the Deputy Prime Minister

First Defendant

The Royal Borough of Kensington and Chelsea

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Whether the works carried out in 1988 constituted a material operation comprised in the 1983 planning permission for the purposes of commencing development under section 56 of the Town and Country Planning Act 1990
  2. 2 Whether the inspector erred in law in concluding that the works were not comprised in the permitted development

Ratio Decidendi

The inspector correctly applied the law by objectively assessing whether the works carried out were comprised in the permitted development. He found that the walls as built were not part of the approved scheme but were finished parapet walls, and that adapting them would require substantial demolition. The inspector's conclusion was a matter of fact and degree, and there was no error of law in his reasoning or approach.

Court Disposition

Application dismissed

Orders

  • Claimant's application to quash the inspector's decision is dismissed
  • Claimant to pay the first defendant's costs, summarily assessed at £5,101.75