Maldon District Council v Hammond [2004] EWCA Civ 1073 (30 July 2004)

Section 173(11) does not confer deemed planning permission for activities not alleged as breaches in the enforcement notice; the Council's notice could not have required cessation of car repair activities as they were not proven breaches, and demolition of the workshop ended any such use.

Citation: [2004] EWCA Civ 1073
Parties: Claimant/respondent: Maldon District Council; Defendant/appellant: Michael Roy Hammond
Jurisdiction: England and Wales
Judgment Date: 30 July 2004
Procedural Posture: Appeal From Queen's Bench Division (civil) / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Enforcement Notices, Deemed Planning Permission, Change of Use, Section 173(11) Town and Country Planning Act 1990

Planning Law Administrative Law Enforcement Notices Deemed Planning Permission Change of Use Section 173(11) Town and Country Planning Act 1990

Case Brief

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Parties

Maldon District Council

Claimant/respondent

Michael Roy Hammond

Defendant/appellant

Procedural Posture

Appeal From Queen's Bench Division (civil) / Appeal Judgment

Legal Issues

1 Whether section 173(11) of the Town and Country Planning Act 1990 confers deemed planning permission for activities not required to cease by an enforcement notice
2 Whether Mr Hammond's use of land for storage and repair of vehicles constituted a change of use immune from enforcement

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Stay imposed by Sedley LJ lifted
No order as to costs save for assessment of applicant's legal service commission fund costs