Goremsandu v Secretary of State for Communities and Local Government & Anor

Goremsandu v Secretary of State for Communities and Local Government & Anor

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 works more than four years before the enforcement notice. The enforcement notice remains effective against parts of the building not permitted by subsequent planning permissions. The claim fails as both grounds must succeed for relief.

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
Judicial Review (statutory Challenge Under Section 288 TCPA 1990) / Final Judgment
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

Judicial Review (statutory Challenge Under Section 288 TCPA 1990) / Final Judgment

Legal Issues

  1. 1 Effect of section 180 of the Town and Country Planning Act 1990 on enforcement notice
  2. 2 Whether the extension was substantially completed for any continuous period of four years before the application and enforcement notice
  3. 3 Congruence between enforcement notice and subsequent planning permissions

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 works more than four years before the enforcement notice. The enforcement notice remains effective against parts of the building not permitted by subsequent planning permissions. The claim fails as both grounds must succeed for relief.

Court Disposition

Claim dismissed