Stevenage Borough Council v Secretary of State for Communities And Local Government & Anor [2010] EWHC 1289 (Admin) (03 June 2010)

Stevenage Borough Council v Secretary of State for Communities And Local Government & Anor [2010] EWHC 1289 (Admin) (03 June 2010)

The 2006 planning permission, when properly construed with reference to the approved plans and application documents, included the internal sub-division of Unit 7. Therefore, the Inspector did not err in law in granting the certificate of lawful development for unrestricted A1 retail use. Section 75(3) did not apply to remove previous restrictions in the absence of permission for the erection of a new building, and the works did not create a new chapter in planning history sufficient to extinguish prior restrictions.

Citation
[2010] EWHC 1289 (Admin)
Parties
Claimant: Stevenage Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Aberdeen Property Investors (UK) Limited (formerly Goodman Property Investors)
Jurisdiction
England and Wales
Judgment Date
03 June 2010
Procedural Posture
Judicial Review (s288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Interpretation of Planning Permissions, Lawful Development Certificates, Section 75 Town and Country Planning Act 1990, Effect of Planning Conditions, Planning Unit and New Chapter in Planning History
Planning Law Administrative Law Interpretation of Planning Permissions Lawful Development Certificates Section 75 Town and Country Planning Act 1990 Effect of Planning Conditions Planning Unit and New Chapter in Planning History

Case Brief

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Parties

Stevenage Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Aberdeen Property Investors (UK) Limited (formerly Goodman Property Investors)

Second Defendant

Procedural Posture

Judicial Review (s288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the 2006 planning permission included internal sub-division works to Unit 7
  2. 2 Whether the Inspector erred in law in granting a certificate of lawful development for unrestricted A1 retail use
  3. 3 Whether s75(3) of the Town and Country Planning Act 1990 applied to remove previous use restrictions

Ratio Decidendi

The 2006 planning permission, when properly construed with reference to the approved plans and application documents, included the internal sub-division of Unit 7. Therefore, the Inspector did not err in law in granting the certificate of lawful development for unrestricted A1 retail use. Section 75(3) did not apply to remove previous restrictions in the absence of permission for the erection of a new building, and the works did not create a new chapter in planning history sufficient to extinguish prior restrictions.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Inspector's decision dated 6 April 2009 is refused