Sage v Secretary Of State For Environment, Transport & Regions & Anor [2001] EWCA Civ 1100 (28 June 2001)

Sage v Secretary Of State For Environment, Transport & Regions & Anor [2001] EWCA Civ 1100 (28 June 2001)

For the purposes of section 171B(1) of the Town and Country Planning Act 1990, the four-year limitation period for enforcement action begins when all operations amounting to 'development' are substantially completed. Internal works and operations excluded from the definition of development by section 55(2)(a) are not required for substantial completion. The inspector erred in law by including such works in his assessment.

Citation
[2001] EWCA Civ 1100
Parties
Claimant/respondent: Alan Frank Sage; First Defendant: Secretary of State for the Environment, Transport and the Regions; Second Defendant/appellant: Maidstone Borough Council
Jurisdiction
England and Wales
Judgment Date
28 June 2001
Procedural Posture
Appeal From Queen's Bench Division (high Court) / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Substantial Completion, Town and Country Planning Act 1990, Development Definition, Immunity From Enforcement
Planning Law Administrative Law Enforcement Notice Substantial Completion Town and Country Planning Act 1990 Development Definition Immunity From Enforcement

Case Brief

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Parties

Alan Frank Sage

Claimant/respondent

Secretary of State for the Environment, Transport and the Regions

First Defendant

Maidstone Borough Council

Second Defendant/appellant

Procedural Posture

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

Legal Issues

  1. 1 What constitutes 'substantial completion' of building operations under section 171B(1) of the Town and Country Planning Act 1990 for the purposes of immunity from enforcement action?
  2. 2 Whether internal works and non-development operations must be completed for the four-year limitation period to begin.

Ratio Decidendi

For the purposes of section 171B(1) of the Town and Country Planning Act 1990, the four-year limitation period for enforcement action begins when all operations amounting to 'development' are substantially completed. Internal works and operations excluded from the definition of development by section 55(2)(a) are not required for substantial completion. The inspector erred in law by including such works in his assessment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs in favour of the Respondent
  • Permission to appeal to the House of Lords refused