Manchester City Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 1062 (Admin) (10 May 2022)

Manchester City Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 1062 (Admin) (10 May 2022)

Section 174(2A) of the Town and Country Planning Act 1990 precludes an appeal on ground (a) where a related planning application covering the same matters as the enforcement notice has already been made and refused. The Planning Inspectorate erred in allowing the enforcement notice appeal to proceed on ground (a) because the planning application encompassed the same operational development as the enforcement notice. The statutory test is whether granting planning permission for the development would involve granting permission in respect of the matters specified in the enforcement notice, not whether the arguments or context differ.

Citation
[2022] EWHC 1062 (Admin)
Parties
Claimant: Manchester City Council; First Respondent: The Secretary of State for Levelling Up, Housing and Communities; Second Respondent: Shamuna Kousar
Jurisdiction
England and Wales
Judgment Date
10 May 2022
Procedural Posture
Appeal Under Section 289 of the Town and Country Planning Act 1990 / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Enforcement Notice Appeals, Retrospective Planning Permission, Permitted Development Rights, Interpretation of Section 174(2 A) and (2 B) Town and Country Planning Act 1990
Planning Law Administrative Law Enforcement Notice Appeals Retrospective Planning Permission Permitted Development Rights Interpretation of Section 174(2 A) and (2 B) Town and Country Planning Act 1990

Case Brief

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Parties

Manchester City Council

Claimant

The Secretary of State for Levelling Up, Housing and Communities

First Respondent

Shamuna Kousar

Second Respondent

Procedural Posture

Appeal Under Section 289 of the Town and Country Planning Act 1990 / Judgment on Appeal

Legal Issues

  1. 1 Whether section 174(2A) of the Town and Country Planning Act 1990 precludes an appeal on ground (a) where a related planning application has already been made and refused
  2. 2 Proper interpretation of 'related application' under section 174(2B)
  3. 3 Whether the Planning Inspectorate erred in allowing the enforcement notice appeal to proceed on ground (a)

Ratio Decidendi

Section 174(2A) of the Town and Country Planning Act 1990 precludes an appeal on ground (a) where a related planning application covering the same matters as the enforcement notice has already been made and refused. The Planning Inspectorate erred in allowing the enforcement notice appeal to proceed on ground (a) because the planning application encompassed the same operational development as the enforcement notice. The statutory test is whether granting planning permission for the development would involve granting permission in respect of the matters specified in the enforcement notice, not whether the arguments or context differ.

Court Disposition

Appeal allowed

Orders

  • The decision of the Planning Inspectorate to allow the enforcement notice appeal to proceed on ground (a) is quashed.