Jeffery & Anor v First Secretary of State & Anor

Jeffery & Anor v First Secretary of State & Anor

The appellants failed to demonstrate that the discontinuance order was ultra vires. The committee resolution was broad enough to authorise the order as made, and there was insufficient evidence that the Council failed to consider the caravan use. Challenges not raised before the Secretary of State will not normally be entertained absent clear evidence of invalidity or new material evidence.

Parties
Appellants: Alfred John Jeffery & Joan Elaine Jeffery; First Respondent: First Secretary of State; Second Respondent: Teignbridge District Council
Jurisdiction
England and Wales
Judgment Date
20 June 2007
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Administrative Court
Outcome
Appeal dismissed
Legal Topics
Discontinuance Orders, Section 102 Town and Country Planning Act 1990, Procedural Fairness, Ultra Vires, Judicial Review
Planning Law Administrative Law Discontinuance Orders Section 102 Town and Country Planning Act 1990 Procedural Fairness Ultra Vires Judicial Review

Case Brief

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Parties

Alfred John Jeffery & Joan Elaine Jeffery

Appellants

First Secretary of State

First Respondent

Teignbridge District Council

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Administrative Court

Legal Issues

  1. 1 Whether the discontinuance order was validly made and confirmed under section 102 of the Town and Country Planning Act 1990
  2. 2 Whether the Council properly considered the inclusion of caravans in the discontinuance order
  3. 3 Whether new grounds of challenge not raised before the Secretary of State can be entertained in section 288 proceedings

Ratio Decidendi

The appellants failed to demonstrate that the discontinuance order was ultra vires. The committee resolution was broad enough to authorise the order as made, and there was insufficient evidence that the Council failed to consider the caravan use. Challenges not raised before the Secretary of State will not normally be entertained absent clear evidence of invalidity or new material evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; discontinuance order stands