Winchester City Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 101 (Admin) (01 February 2013)

Winchester City Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 101 (Admin) (01 February 2013)

The 2003 planning permission was for use as a travelling showpeoples' site, a distinct and narrower sui generis use, not a general residential caravan site. The Inspector erred in law by treating the permission as unrestricted in the absence of a condition. The appeal under section 289 succeeds; the enforcement notice appeals must be redetermined. The section 288 challenge fails as the Inspector was entitled to take no further action on the planning appeal.

Citation
[2013] EWHC 101 (Admin)
Parties
Claimant / Appellant: Winchester City Council; 1st Defendant / Respondent: Secretary of State for Communities and Local Government; 2nd Defendants / Respondents: Mr M Wall, Mr M Black, Mrs S Wall, Mr D Birch, Mr D Carter, Mr M James
Jurisdiction
England and Wales
Judgment Date
01 February 2013
Procedural Posture
Administrative Appeal and Judicial Review / Judgment on Rolled Up Hearing of Section 289 and Section 288 Town and Country Planning Act 1990 Challenges
Outcome
Section 289 appeal allowed; section 288 challenge dismissed.
Legal Topics
Interpretation of Planning Permissions, Enforcement Notices, Sui Generis Land Use, Section 288 and 289 Town and Country Planning Act 1990, Limitation and Conditions in Planning Permissions
Planning Law Administrative Law Interpretation of Planning Permissions Enforcement Notices Sui Generis Land Use Section 288 and 289 Town and Country Planning Act 1990 Limitation and Conditions in Planning Permissions

Case Brief

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Parties

Winchester City Council

Claimant / Appellant

Secretary of State for Communities and Local Government

1st Defendant / Respondent

Mr M Wall, Mr M Black, Mrs S Wall, Mr D Birch, Mr D Carter, Mr M James

2nd Defendants / Respondents

Procedural Posture

Administrative Appeal and Judicial Review / Judgment on Rolled Up Hearing of Section 289 and Section 288 Town and Country Planning Act 1990 Challenges

Legal Issues

  1. 1 Whether the 2003 planning permission for Carousel Park was limited to use by travelling showpeople or permitted general residential caravan site use
  2. 2 Whether the Inspector erred in law by applying the principle from I'm Your Man Limited v Secretary of State for the Environment
  3. 3 Whether the Inspector had power to take no further action on the planning appeal under section 78

Ratio Decidendi

The 2003 planning permission was for use as a travelling showpeoples' site, a distinct and narrower sui generis use, not a general residential caravan site. The Inspector erred in law by treating the permission as unrestricted in the absence of a condition. The appeal under section 289 succeeds; the enforcement notice appeals must be redetermined. The section 288 challenge fails as the Inspector was entitled to take no further action on the planning appeal.

Court Disposition

Section 289 appeal allowed; section 288 challenge dismissed.

Orders

  • Permission to appeal under section 289 granted and appeal allowed; enforcement notice appeals to be redetermined by a new Inspector.
  • Section 288 challenge dismissed on merits and discretionary grounds.