St Anselm Development Company Ltd., R (on the application of) v First Secretary of State

St Anselm Development Company Ltd., R (on the application of) v First Secretary of State

The ten-year immunity under section 171B(3) applies to the particular breach of condition specified in the enforcement notice, not to the condition as a whole. Where only certain car parking spaces have been used in breach for less than ten years, enforcement action can be taken in respect of those spaces. The Inspector's decision to dismiss the appeals was correct, though for reasons differing in part from those given by the Inspector.

Parties
Claimant: St Anselm Development Company Limited; First Respondent: First Secretary of State; Second Respondent: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
16 June 2003
Procedural Posture
Judicial Review / Statutory Appeal / Final Judgment on Appeal Under Section 289 of the Town and Country Planning Act
Outcome
Appeal dismissed
Legal Topics
Enforcement of Planning Conditions, Interpretation of Planning Permissions, Statutory Time Limits for Enforcement, Lawful Development Certificates
Planning Law Administrative Law Enforcement of Planning Conditions Interpretation of Planning Permissions Statutory Time Limits for Enforcement Lawful Development Certificates

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Parties

St Anselm Development Company Limited

Claimant

First Secretary of State

First Respondent

Westminster City Council

Second Respondent

Procedural Posture

Judicial Review / Statutory Appeal / Final Judgment on Appeal Under Section 289 of the Town and Country Planning Act

Legal Issues

  1. 1 Whether the use of certain car parking spaces by non-occupiers/users for less than ten years is immune from enforcement action under section 171B(3) of the Town and Country Planning Act 1990
  2. 2 Proper interpretation of a planning condition requiring 'the whole of the car-parking accommodation' to be retained for occupiers/users
  3. 3 Whether the ten-year immunity applies to the whole car park or to individual spaces

Ratio Decidendi

The ten-year immunity under section 171B(3) applies to the particular breach of condition specified in the enforcement notice, not to the condition as a whole. Where only certain car parking spaces have been used in breach for less than ten years, enforcement action can be taken in respect of those spaces. The Inspector's decision to dismiss the appeals was correct, though for reasons differing in part from those given by the Inspector.

Court Disposition

Appeal dismissed

Orders

  • The appellant is to pay the first respondent's costs, summarily assessed at £5,270.