Ceredigion County Council v National Assembly For Wales & Anor [2001] EWHC Admin 694 (21st September, 2001)

Ceredigion County Council v National Assembly For Wales & Anor [2001] EWHC Admin 694 (21st September, 2001)

The inspector erred in law by treating demolition works as 'work of construction' under section 43(2)(a) of the 1971 Act; demolition is not construction, and thus the 1973 planning permission had lapsed. The inspector's decision was deficient in reasoning and wrong in law, requiring it to be quashed.

Citation
[2001] EWHC Admin 694
Parties
Claimant: Ceredigion County Council; First Defendant: National Assembly for Wales; Second Defendant: Mr E. D. Harrison
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Statutory Appeal Under Section 289 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Inspector's decision quashed; costs awarded to claimant.
Legal Topics
Enforcement Notice Appeals, Planning Permission Validity, Interpretation of 'work of Construction', Statutory Construction
Administrative Law Planning Law Enforcement Notice Appeals Planning Permission Validity Interpretation of 'work of Construction' Statutory Construction

Case Brief

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Parties

Ceredigion County Council

Claimant

National Assembly for Wales

First Defendant

Mr E. D. Harrison

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal Under Section 289 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether partial demolition constituted 'work of construction' under section 43(2)(a) Town and Country Planning Act 1971
  2. 2 Whether the inspector erred in law in finding the 1973 planning permission extant
  3. 3 Whether the inspector's reasoning was deficient for failing to address the statutory test

Ratio Decidendi

The inspector erred in law by treating demolition works as 'work of construction' under section 43(2)(a) of the 1971 Act; demolition is not construction, and thus the 1973 planning permission had lapsed. The inspector's decision was deficient in reasoning and wrong in law, requiring it to be quashed.

Court Disposition

Inspector's decision quashed; costs awarded to claimant.

Orders

  • The inspector's decision is quashed.
  • National Assembly for Wales to pay Ceredigion County Council's costs in the agreed sum of £7,294.80.