Manchester City Council v The Secretary of State for Levelling Up, Housing and Communities & Anor.

Manchester City Council v The Secretary of State for Levelling Up, Housing and Communities & Anor.

Section 174(2A) and (2B) of the Town and Country Planning Act 1990, given their plain and ordinary meaning, preclude a ground (a) appeal where the enforcement notice covers the same matters as a previously refused planning application. The application in question encompassed the operational development specified in the enforcement notice, and thus the statutory bar applies. The Planning Inspectorate erred in allowing the ground (a) appeal to proceed.

Parties
Claimant: Manchester City Council; First Respondent: The Secretary of State for Levelling Up, Housing and Communities; Second Respondent: Shamuna Kousar
Jurisdiction
England and Wales
Judgment Date
10 May 2022
Procedural Posture
Statutory Appeal Under Section 289 of the Town and Country Planning Act 1990 / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Enforcement Notice Appeals, Retrospective Planning Permission, Interpretation of Section 174(2 A) and (2 B) Town and Country Planning Act 1990, Permitted Development Rights
Planning Law Administrative Law Enforcement Notice Appeals Retrospective Planning Permission Interpretation of Section 174(2 A) and (2 B) Town and Country Planning Act 1990 Permitted Development Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Manchester City Council

Claimant

The Secretary of State for Levelling Up, Housing and Communities

First Respondent

Shamuna Kousar

Second Respondent

Procedural Posture

Statutory Appeal Under Section 289 of the Town and Country Planning Act 1990 / Judgment on Appeal

Legal Issues

  1. 1 Whether section 174(2A) of the Town and Country Planning Act 1990 precludes an appeal on ground (a) where a related planning application has been refused and an enforcement notice issued covering the same matters
  2. 2 Proper interpretation of 'related application' under section 174(2B) of the 1990 Act

Ratio Decidendi

Section 174(2A) and (2B) of the Town and Country Planning Act 1990, given their plain and ordinary meaning, preclude a ground (a) appeal where the enforcement notice covers the same matters as a previously refused planning application. The application in question encompassed the operational development specified in the enforcement notice, and thus the statutory bar applies. The Planning Inspectorate erred in allowing the ground (a) appeal to proceed.

Court Disposition

Appeal allowed

Orders

  • The decision of the first respondent to allow the ground (a) appeal to proceed is quashed.