Morland, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 310 (Admin) (26 January 2009)

Morland, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 310 (Admin) (26 January 2009)

The inspector was not obliged to consider the enforceability of Condition 3 in the context of a s.73A application; enforceability in the sense of time-barred enforcement is not a relevant consideration for such applications. The inspector's approach was correct in law, and the application to quash the decision is dismissed.

Citation
[2009] EWHC 310 (Admin)
Parties
Claimant: Simon Brockbank Morland; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: North Cornwall District Council
Jurisdiction
England and Wales
Judgment Date
26 January 2009
Procedural Posture
Judicial Review (s.288 Town and Country Planning Act 1990) / High Court Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application dismissed
Legal Topics
Enforceability of Planning Conditions, Retrospective Planning Permission, Interpretation of S.73 a Town and Country Planning Act 1990, Judicial Review Grounds, Circular 11/95 on Planning Conditions
Administrative Law Planning Law Enforceability of Planning Conditions Retrospective Planning Permission Interpretation of S.73 a Town and Country Planning Act 1990 Judicial Review Grounds Circular 11/95 on Planning Conditions

Case Brief

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Parties

Simon Brockbank Morland

Claimant

Secretary of State for Communities and Local Government

First Defendant

North Cornwall District Council

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the planning inspector erred in law by failing to consider the enforceability of Condition 3 in light of the Handoll principle
  2. 2 Whether the inspector was obliged to consider the inability of the authority to enforce the condition due to the passage of time
  3. 3 Whether the application under s.73A was correctly characterised and determined

Ratio Decidendi

The inspector was not obliged to consider the enforceability of Condition 3 in the context of a s.73A application; enforceability in the sense of time-barred enforcement is not a relevant consideration for such applications. The inspector's approach was correct in law, and the application to quash the decision is dismissed.

Court Disposition

Application dismissed

Orders

  • Application under s.288 Town and Country Planning Act 1990 dismissed
  • Claimant to pay First Defendant's costs, provisionally assessed at £4,000