Arun District Council, R (on the application of) v First Secretary of State & Anor

Arun District Council, R (on the application of) v First Secretary of State & Anor

The planning condition, when read together with the preceding condition, was sufficiently clear to be valid and enforceable. Section 171B(2) only bars enforcement after four years for the breach consisting in the change of use to a single dwelling-house; enforcement for breach of condition is subject to the ten-year period under s.171B(3). The Inspector erred in law in holding otherwise.

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 / High Court Judgment on Appeal Under S.289 Town and Country Planning Act 1990
Outcome
Appeal allowed; Inspector's decision quashed
Legal Topics
Enforcement Notice, Interpretation of Planning Conditions, Time Limits for Enforcement, Section 171 B Town and Country Planning Act 1990
Planning Law Administrative Law Enforcement Notice Interpretation of Planning Conditions Time Limits for Enforcement Section 171 B Town and Country Planning Act 1990

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 / High Court Judgment on Appeal Under S.289 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the planning condition was valid and enforceable
  2. 2 Whether the four-year or ten-year enforcement period applied to the breach of condition

Ratio Decidendi

The planning condition, when read together with the preceding condition, was sufficiently clear to be valid and enforceable. Section 171B(2) only bars enforcement after four years for the breach consisting in the change of use to a single dwelling-house; enforcement for breach of condition is subject to the ten-year period under 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