Howells, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 2757 (Admin) (12 October 2009)

Howells, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 2757 (Admin) (12 October 2009)

The Inspector had statutory power to amend the enforcement notice and plan, including enlarging the area, provided no injustice was caused. The Inspector acted lawfully and fairly, gave adequate reasons, and the claimant failed to establish ten years' continuous use for immunity. The application was dismissed.

Citation
[2009] EWHC 2757 (Admin)
Parties
Claimant: Michael William Howells; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Gloucestershire County Council
Jurisdiction
England and Wales
Judgment Date
12 October 2009
Procedural Posture
Judicial Review (planning Enforcement) / High Court Judgment on Application Under Section 289 Town and Country Planning Act 1990
Outcome
Application dismissed
Legal Topics
Enforcement Notice Amendment, Material Change of Use, Planning Unit Definition, Natural Justice in Planning Appeals, Immunity From Enforcement, Costs in Planning Litigation
Administrative Law Planning Law Enforcement Notice Amendment Material Change of Use Planning Unit Definition Natural Justice in Planning Appeals Immunity From Enforcement Costs in Planning Litigation

Case Brief

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Parties

Michael William Howells

Claimant

Secretary of State for Communities and Local Government

First Defendant

Gloucestershire County Council

Second Defendant

Procedural Posture

Judicial Review (planning Enforcement) / High Court Judgment on Application Under Section 289 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector had power to amend the enforcement notice plan to enlarge the area covered
  2. 2 Whether the Inspector acted in breach of natural justice by amending the plan without further submissions
  3. 3 Whether the Inspector failed to consider or give reasons regarding lawful use within the new area

Ratio Decidendi

The Inspector had statutory power to amend the enforcement notice and plan, including enlarging the area, provided no injustice was caused. The Inspector acted lawfully and fairly, gave adequate reasons, and the claimant failed to establish ten years' continuous use for immunity. The application was dismissed.

Court Disposition

Application dismissed

Orders

  • Claimant to pay the first respondent's costs in the agreed sum of £10,276
  • No order as to costs in favour of the second respondent