Meisels & Anor v The Secretary of State for Housing Communities And Local Government [2019] EWHC 1987 (Admin) (31 July 2019)

Meisels & Anor v The Secretary of State for Housing Communities And Local Government [2019] EWHC 1987 (Admin) (31 July 2019)

The Inspector was entitled to find that condition 2 was a true condition precedent going to the heart of the permission, that it was not complied with before commencement, and thus the development was unlawful and not in accordance with the permission; the Inspector's findings on commencement, the significance of differences from the approved scheme, and the lack of viable lesser steps were all rational and within his planning judgment; no error of law or irrationality was shown.

Citation
[2019] EWHC 1987 (Admin)
Parties
Claimant: Rabbi M Meisels; Claimant: Mr D Meisels; 1st Defendant: The Secretary of State for Housing Communities and Local Government; Interested Party: The London Borough of Hackney
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Judicial Review / Statutory Appeal (planning) / High Court Appeal From Planning Inspector's Decision
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Planning Permission, Conditions Precedent, Grounds of Appeal Under S 174(2) Town and Country Planning Act 1990, Judicial Review of Inspector's Decision
Planning Law Administrative Law Enforcement Notice Planning Permission Conditions Precedent Grounds of Appeal Under S 174(2) Town and Country Planning Act 1990 Judicial Review of Inspector's Decision

Case Brief

Summary, issues, holding and outcome

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Parties

Rabbi M Meisels

Claimant

Mr D Meisels

Claimant

The Secretary of State for Housing Communities and Local Government

1st Defendant

The London Borough of Hackney

Interested Party

Procedural Posture

Judicial Review / Statutory Appeal (planning) / High Court Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether breach of condition 2 (materials approval) rendered development unlawful as a matter of planning law
  2. 2 Whether development commenced before expiry of planning permission
  3. 3 Whether as-built development was so different from approved scheme as to be a different development

Ratio Decidendi

The Inspector was entitled to find that condition 2 was a true condition precedent going to the heart of the permission, that it was not complied with before commencement, and thus the development was unlawful and not in accordance with the permission; the Inspector's findings on commencement, the significance of differences from the approved scheme, and the lack of viable lesser steps were all rational and within his planning judgment; no error of law or irrationality was shown.

Court Disposition

Appeal dismissed

Orders

  • Appeal against Planning Inspector's decision dismissed
  • No order as to costs specified