Goremsandu v Secretary of State for Communities and Local Government & Anor [2015] EWHC 2194 (Admin) (29 July 2015)

Goremsandu v Secretary of State for Communities and Local Government & Anor [2015] EWHC 2194 (Admin) (29 July 2015)

The Inspector's failure to properly apply section 180 TCPA 1990 did not vitiate the outcome because the Claimant failed to prove substantial completion of the extension for four years prior to enforcement action; enforcement notice remains effective against parts not covered by subsequent permissions.

Citation
[2015] EWHC 2194 (Admin)
Parties
Claimant: Katia Goremsandu; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Harrow Council
Jurisdiction
England and Wales
Judgment Date
29 July 2015
Procedural Posture
Administrative Law Challenge Under Section 288 Town and Country Planning Act 1990 / Judgment on Claim to Quash Inspector's Decision
Outcome
Claim dismissed
Legal Topics
Enforcement Notice, Certificate of Lawful Development, Section 180 TCPA 1990, Substantial Completion, Retrospective Planning Permission
Planning Law Administrative Law Enforcement Notice Certificate of Lawful Development Section 180 TCPA 1990 Substantial Completion Retrospective Planning Permission

Case Brief

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Parties

Katia Goremsandu

Claimant

Secretary of State for Communities and Local Government

First Defendant

Harrow Council

Second Defendant

Procedural Posture

Administrative Law Challenge Under Section 288 Town and Country Planning Act 1990 / Judgment on Claim to Quash Inspector's Decision

Legal Issues

  1. 1 Effect of section 180 TCPA 1990 on enforcement notice after subsequent planning permissions
  2. 2 Whether extension was substantially completed for four years prior to enforcement action
  3. 3 Whether Inspector's reasoning was legally adequate

Ratio Decidendi

The Inspector's failure to properly apply section 180 TCPA 1990 did not vitiate the outcome because the Claimant failed to prove substantial completion of the extension for four years prior to enforcement action; enforcement notice remains effective against parts not covered by subsequent permissions.

Court Disposition

Claim dismissed