Arun District Council, R (on the application of) v First Secretary of State & Anor [2005] EWHC 2520 (Admin) (05 October 2005)

Arun District Council, R (on the application of) v First Secretary of State & Anor [2005] EWHC 2520 (Admin) (05 October 2005)

Condition 5, when read in conjunction with condition 4, was valid and enforceable. The four-year enforcement period in s.171B(2) applies only to breaches consisting in the change of use to a single dwelling-house, not to breaches of condition; breaches of condition are subject to the ten-year period in s.171B(3). The Inspector erred in law in holding otherwise.

Citation
[2005] EWHC 2520 (Admin)
Parties
Claimant: Arun District Council; First Defendant: First Secretary of State; Second Defendant: Karen Felicity Brown
Jurisdiction
England and Wales
Judgment Date
05 October 2005
Procedural Posture
Judicial Review / Statutory Appeal (planning) / High Court Appeal Under S.289 Town and Country Planning Act 1990
Outcome
Appeal allowed; Inspector's decision quashed.
Legal Topics
Enforcement Notice, Planning Conditions, Time Limits for Enforcement, Interpretation of Planning Permissions
Administrative Law Planning Law Enforcement Notice Planning Conditions Time Limits for Enforcement Interpretation of Planning Permissions

Case Brief

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Parties

Arun District Council

Claimant

First Secretary of State

First Defendant

Karen Felicity Brown

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal (planning) / High Court Appeal Under S.289 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether planning condition 5 was valid and enforceable
  2. 2 Whether the four-year or ten-year enforcement period applied to breach of condition under s.171B Town and Country Planning Act 1990

Ratio Decidendi

Condition 5, when read in conjunction with condition 4, was valid and enforceable. The four-year enforcement period in s.171B(2) applies only to breaches consisting in the change of use to a single dwelling-house, not to breaches of condition; breaches of condition are subject to the ten-year period in s.171B(3). The Inspector erred in law in holding otherwise.

Court Disposition

Appeal allowed; Inspector's decision quashed.

Orders

  • Decision of the Inspector dated 8 December 2004 quashed.
  • First Secretary of State to pay Arun District Council's costs, subject to detailed assessment if not agreed.