Exmouth Marina Ltd., R (on the application of) v First Secretary of State & Anor

Exmouth Marina Ltd., R (on the application of) v First Secretary of State & Anor

There was no condition or express limitation in the 2001 planning permission prohibiting storage of boats on top of the racks; the Inspector erred by importing a limitation not found in the permission and by failing to consider the appellant's fall-back position and modification proposals. Both the enforcement notice and costs decisions are fatally flawed and must be remitted.

Parties
Claimant: Exmouth Marina Limited; First Defendant: First Secretary of State; Second Defendant: East Devon District Council
Jurisdiction
England and Wales
Judgment Date
03 June 2003
Procedural Posture
Judicial Review / Statutory Appeal / Judgment on Appeal Against Enforcement Notice and Costs Decision
Outcome
Appeal allowed; decisions remitted to Secretary of State; costs awarded to appellant.
Legal Topics
Interpretation of Planning Permission, Enforcement Notice, Ground (f) Appeal, Costs, Listed Building Impact
Planning Law Administrative Law Interpretation of Planning Permission Enforcement Notice Ground (f) Appeal Costs Listed Building Impact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Exmouth Marina Limited

Claimant

First Secretary of State

First Defendant

East Devon District Council

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Judgment on Appeal Against Enforcement Notice and Costs Decision

Legal Issues

  1. 1 Whether the 2001 planning permission precluded storage of boats on top of racks A and B
  2. 2 Whether the Inspector erred in refusing to vary the enforcement notice under ground (f)
  3. 3 Whether the Inspector failed to consider the appellant's fall-back position

Ratio Decidendi

There was no condition or express limitation in the 2001 planning permission prohibiting storage of boats on top of the racks; the Inspector erred by importing a limitation not found in the permission and by failing to consider the appellant's fall-back position and modification proposals. Both the enforcement notice and costs decisions are fatally flawed and must be remitted.

Court Disposition

Appeal allowed; decisions remitted to Secretary of State; costs awarded to appellant.

Orders

  • The appeals are allowed.
  • The matter is remitted to the Secretary of State.