Caldwell & Anor v Secretary of State for Levelling-Up, Housing and Communities & Anor [2023] EWHC 2053 (Admin) (07 August 2023)

Caldwell & Anor v Secretary of State for Levelling-Up, Housing and Communities & Anor [2023] EWHC 2053 (Admin) (07 August 2023)

The Inspector erred in law by failing to recognize the limitation on the Murfitt principle; an enforcement notice for a material change of use cannot require removal of the principal operational development (the dwelling house) that is itself immune from enforcement under section 171B(1) TCPA, as this would contravene the statutory scheme.

Citation
[2023] EWHC 2053 (Admin)
Parties
First Claimant/appellant: Ian Caldwell; Second Claimant/appellant: Timberstore Limited; First Defendant/respondent: The Secretary of State for Levelling-Up, Housing and Communities; Second Defendant/respondent: Buckinghamshire Council
Jurisdiction
England and Wales
Judgment Date
07 August 2023
Procedural Posture
Judicial Review and Statutory Appeal (planning) / High Court Judgment
Outcome
Decision quashed and remitted for re-determination
Legal Topics
Enforcement Notice, Material Change of Use, Operational Development, Statutory Time Limits, Certificate of Lawful Use, Restoration of Land, Section 173(4)(a) TCPA, Section 171 B TCPA
Planning Law Administrative Law Enforcement Notice Material Change of Use Operational Development Statutory Time Limits Certificate of Lawful Use Restoration of Land +2 more

Case Brief

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Parties

Ian Caldwell

First Claimant/appellant

Timberstore Limited

Second Claimant/appellant

The Secretary of State for Levelling-Up, Housing and Communities

First Defendant/respondent

Buckinghamshire Council

Second Defendant/respondent

Procedural Posture

Judicial Review and Statutory Appeal (planning) / High Court Judgment

Legal Issues

  1. 1 Whether an enforcement notice directed at a material change of use can lawfully require removal of a building immune from direct enforcement due to statutory time limits
  2. 2 Scope and limitation of the Murfitt principle regarding restoration requirements under section 173(4)(a) TCPA

Ratio Decidendi

The Inspector erred in law by failing to recognize the limitation on the Murfitt principle; an enforcement notice for a material change of use cannot require removal of the principal operational development (the dwelling house) that is itself immune from enforcement under section 171B(1) TCPA, as this would contravene the statutory scheme.

Court Disposition

Decision quashed and remitted for re-determination

Orders

  • The Inspector's decision is quashed.
  • The matter is remitted to the Secretary of State for re-determination.