Winchester City Council v Secretary of State for Communities and Local Government & Ors

Winchester City Council v Secretary of State for Communities and Local Government & Ors

The 2003 planning permission, properly construed, was for use as a travelling showpeoples’ site, which is a distinct and narrower use than general residential caravan site. The Inspector erred in law by treating the permission as unrestricted and quashing the enforcement notices on that basis. The I’m Your Man principle does not prevent the grant itself from defining a sui generis use. The section 288 challenge to the Inspector’s decision to take no further action on the planning appeal is dismissed on the merits and, if necessary, on a discretionary basis.

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
Judicial Review and Statutory Appeal (planning) / Judgment After Rolled Up Hearing (permission and Substantive)
Outcome
Permission to appeal granted under section 289; appeal allowed; section 288 challenge dismissed.
Legal Topics
Interpretation of Planning Permissions, Enforcement Notices, Sui Generis Use, Conditions and Limitations in Planning Permissions
Planning Law Administrative Law Interpretation of Planning Permissions Enforcement Notices Sui Generis Use Conditions and Limitations in Planning Permissions

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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

Judicial Review and Statutory Appeal (planning) / Judgment After Rolled Up Hearing (permission and Substantive)

Legal Issues

  1. 1 Whether the 2003 planning permission was limited to use as a travelling showpeople’s site or permitted general residential caravan use
  2. 2 Whether the Inspector erred in law by quashing enforcement notices based on the I’m Your Man principle
  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, properly construed, was for use as a travelling showpeoples’ site, which is a distinct and narrower use than general residential caravan site. The Inspector erred in law by treating the permission as unrestricted and quashing the enforcement notices on that basis. The I’m Your Man principle does not prevent the grant itself from defining a sui generis use. The section 288 challenge to the Inspector’s decision to take no further action on the planning appeal is dismissed on the merits and, if necessary, on a discretionary basis.

Court Disposition

Permission to appeal granted under section 289; appeal allowed; section 288 challenge dismissed.

Orders

  • Matter remitted to the Secretary of State to appoint another Inspector to determine the enforcement notice appeals afresh.
  • Section 288 challenge dismissed.