Lever (Finance) Ltd v City of Westminster [1970] EWCA Civ 3 (22 July 1970)

Lever (Finance) Ltd v City of Westminster [1970] EWCA Civ 3 (22 July 1970)

Where a planning officer, acting within the scope of ostensible authority and in accordance with established practice, informs a developer that a variation to approved plans is not material and no further consent is required, and the developer acts on that representation in good faith, the planning authority is bound by the officer's statement and cannot subsequently issue an enforcement notice based on the lack of formal approval for the variation.

Citation
[1970] EWCA Civ 3
Parties
Plaintiff/respondent: Lever (Finance) Limited; Defendant/appellant: Lord Mayor, Aldermen and Citizens of the City of Westminster
Jurisdiction
England and Wales
Judgment Date
22 July 1970
Procedural Posture
Civil Appeal / Appeal From Judgment of Mr. Justice Bridge, High Court, London, Dated June 19, 1970
Outcome
Appeal dismissed
Legal Topics
Delegation of Authority, Planning Permission, Estoppel Against Public Authorities, Ostensible Authority, Enforcement Notice
Administrative Law Planning Law Delegation of Authority Planning Permission Estoppel Against Public Authorities Ostensible Authority Enforcement Notice

Case Brief

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Parties

Lever (Finance) Limited

Plaintiff/respondent

Lord Mayor, Aldermen and Citizens of the City of Westminster

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Judgment of Mr. Justice Bridge, High Court, London, Dated June 19, 1970

Legal Issues

  1. 1 Whether a planning authority is bound by representations of its planning officer regarding materiality of variations to approved plans
  2. 2 Whether a developer can rely on the planning officer's statement that a variation is not material and proceed without further permission
  3. 3 Whether the planning authority can issue an enforcement notice after such reliance

Ratio Decidendi

Where a planning officer, acting within the scope of ostensible authority and in accordance with established practice, informs a developer that a variation to approved plans is not material and no further consent is required, and the developer acts on that representation in good faith, the planning authority is bound by the officer's statement and cannot subsequently issue an enforcement notice based on the lack of formal approval for the variation.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal to the House of Lords refused