Ian Caldwell & Anor v The Secretary of State for Levelling-Up, Housing and Communities & Anor

Ian Caldwell & Anor v The Secretary of State for Levelling-Up, Housing and Communities & Anor

The Inspector erred in law by requiring removal of the dwelling house under an enforcement notice directed at material change of use, as the Murfitt principle does not extend to operational development fundamental to the change of use and immune from enforcement under section 171B(1) TCPA.

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
11 September 2024
Procedural Posture
Judicial Review and Statutory Appeal / Judgment on Challenge to Inspector's Decision
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
Planning Law Administrative Law Enforcement Notice Material Change of Use Operational Development Statutory Time Limits Certificate of Lawful Use

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 / Judgment on Challenge to Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector erred in law by requiring removal of operational development (dwelling house) under section 173(4)(a) TCPA despite immunity under section 171B(1) TCPA

Ratio Decidendi

The Inspector erred in law by requiring removal of the dwelling house under an enforcement notice directed at material change of use, as the Murfitt principle does not extend to operational development fundamental to the change of use and immune from enforcement under section 171B(1) TCPA.

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.