Shortt v Secretary of State for Communities and Local Government & Anor [2014] EWHC 2480 (Admin) (22 July 2014)

Shortt v Secretary of State for Communities and Local Government & Anor [2014] EWHC 2480 (Admin) (22 July 2014)

The term 'dependant' in the relevant planning condition does not require financial dependency; it includes a spouse and minor children living as a family with the agricultural worker, even if there is no financial support. Therefore, there was no breach of the planning condition and no entitlement to a certificate of lawfulness based on the alleged breach.

Citation
[2014] EWHC 2480 (Admin)
Parties
Claimant: Denys Christopher Shortt; Claimant: Deborah Shortt; First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: Tewkesbury Borough Council
Jurisdiction
England and Wales
Judgment Date
22 July 2014
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application Under Section 288 of the Town and Country Planning Act 1990
Outcome
Application dismissed
Legal Topics
Interpretation of Planning Conditions, Definition of 'dependant' in Planning Context, Certificate of Lawfulness, Enforcement Immunity Under Planning Law
Planning Law Administrative Law Interpretation of Planning Conditions Definition of 'dependant' in Planning Context Certificate of Lawfulness Enforcement Immunity Under Planning Law

Case Brief

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Parties

Denys Christopher Shortt

Claimant

Deborah Shortt

Claimant

The Secretary of State for Communities and Local Government

First Defendant

Tewkesbury Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment on Application Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether 'dependant' in the relevant planning condition requires financial dependency
  2. 2 Whether the planning condition was breached for the requisite period to grant a certificate of lawfulness

Ratio Decidendi

The term 'dependant' in the relevant planning condition does not require financial dependency; it includes a spouse and minor children living as a family with the agricultural worker, even if there is no financial support. Therefore, there was no breach of the planning condition and no entitlement to a certificate of lawfulness based on the alleged breach.

Court Disposition

Application dismissed

Orders

  • Application under section 288 of the Town and Country Planning Act 1990 is dismissed
  • Inspector's decision refusing certificate of lawfulness is upheld