Howells, R (on the application of) v Secretary of State for Communities & Local Government & Anor

Howells, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The Inspector had statutory power to amend and enlarge the enforcement notice plan under section 176 of the Town and Country Planning Act 1990, provided no injustice was caused. The Inspector acted lawfully and fairly, gave adequate reasons, and the findings on material change of use and lack of ten years' continuous use were supported by evidence. The claimant's grounds failed.

Parties
Claimant: Michael William Howells; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: Gloucestershire County Council
Jurisdiction
England and Wales
Judgment Date
12 October 2009
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Enforcement Notice, Amendment of Enforcement Notice, Natural Justice, Material Change of Use, Planning Unit, Costs
Planning Law Administrative Law Enforcement Notice Amendment of Enforcement Notice Natural Justice Material Change of Use Planning Unit Costs

Case Brief

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Parties

Michael William Howells

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Gloucestershire County Council

2nd Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Inspector had power to amend the enforcement notice plan to enlarge the area covered
  2. 2 Whether the Inspector acted in breach of natural justice by amending the plan without further submissions
  3. 3 Whether the Inspector failed to consider or give reasons regarding lawful use within the amended area

Ratio Decidendi

The Inspector had statutory power to amend and enlarge the enforcement notice plan under section 176 of the Town and Country Planning Act 1990, provided no injustice was caused. The Inspector acted lawfully and fairly, gave adequate reasons, and the findings on material change of use and lack of ten years' continuous use were supported by evidence. The claimant's grounds failed.

Court Disposition

Claim dismissed

Orders

  • Claimant to pay the first respondent's (Secretary of State's) costs in the agreed sum of £10,276
  • No order as to costs in favour of the second respondent (Gloucestershire County Council)