Bowring & Anor v Secretary of State for Communities and Local Government London & Anor [2013] EWHC 1115 (Admin) (03 May 2013)

Bowring & Anor v Secretary of State for Communities and Local Government London & Anor [2013] EWHC 1115 (Admin) (03 May 2013)

The inspector failed to determine whether the installation of the additional kitchens was integral to, and part and parcel of, the material change of use from a single dwelling to three self-contained flats. Without this determination, it cannot be concluded that requiring removal of a kitchen is necessary to remedy the breach of planning control. The matter must be remitted for proper consideration of this factual issue.

Citation
[2013] EWHC 1115 (Admin)
Parties
Appellants: Peter Jeremy Bowring and Aida Milena Bowring; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
03 May 2013
Procedural Posture
Appeal Under Section 289 of the Town and Country Planning Act 1990 / Judgment on Appeal From Inspector's Decision Regarding Enforcement Notice
Outcome
Appeal allowed; matter remitted to the inspector for reconsideration.
Legal Topics
Enforcement Notice, Material Change of Use, Proportionality, Human Rights Act 1998, Town and Country Planning Act 1990, Permitted Development, House in Multiple Occupation
Planning Law Administrative Law Human Rights Enforcement Notice Material Change of Use Proportionality Human Rights Act 1998 Town and Country Planning Act 1990 +2 more

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Parties

Peter Jeremy Bowring and Aida Milena Bowring

Appellants

Secretary of State for Communities and Local Government

First Respondent

London Borough of Waltham Forest

Second Respondent

Procedural Posture

Appeal Under Section 289 of the Town and Country Planning Act 1990 / Judgment on Appeal From Inspector's Decision Regarding Enforcement Notice

Legal Issues

  1. 1 Whether an enforcement notice can require removal of works (kitchens) installed prior to the material change of use
  2. 2 Whether the inspector erred in law by not determining if the kitchens were integral to the material change of use
  3. 3 Whether the requirement to remove a kitchen was excessive or disproportionate under Article 1 of the First Protocol ECHR

Ratio Decidendi

The inspector failed to determine whether the installation of the additional kitchens was integral to, and part and parcel of, the material change of use from a single dwelling to three self-contained flats. Without this determination, it cannot be concluded that requiring removal of a kitchen is necessary to remedy the breach of planning control. The matter must be remitted for proper consideration of this factual issue.

Court Disposition

Appeal allowed; matter remitted to the inspector for reconsideration.

Orders

  • The appeal is allowed.
  • The matter is remitted to the inspector to determine whether the installation of the two additional kitchens was integral to the material change of use.