Leigh v Secretary of State for Housing, Communities And Local Government & Anor [2026] EWHC 537 (Admin) (13 March 2026)

Leigh v Secretary of State for Housing, Communities And Local Government & Anor [2026] EWHC 537 (Admin) (13 March 2026)

Where an enforcement notice is in force at the date of an application for a Lawful Development Certificate, section 191(2)(b) is not satisfied and the application must fail, regardless of whether the development was immune from enforcement action under section 191(2)(a).

Citation
[2026] EWHC 537 (Admin)
Parties
Claimant: Tony Leigh; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Chichester District Council
Jurisdiction
England and Wales
Judgment Date
13 March 2026
Procedural Posture
Judicial Review / Oral Permission Hearing
Outcome
Permission refused; claim dismissed.
Legal Topics
Lawful Development Certificate, Enforcement Notice, Section 191 Town and Country Planning Act 1990, Judicial Review, Planning Appeals
Planning Law Administrative Law Lawful Development Certificate Enforcement Notice Section 191 Town and Country Planning Act 1990 Judicial Review Planning Appeals

Case Brief

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Parties

Tony Leigh

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Chichester District Council

Second Defendant

Procedural Posture

Judicial Review / Oral Permission Hearing

Legal Issues

  1. 1 Whether an application for a Lawful Development Certificate can succeed where an enforcement notice is in force at the date of application
  2. 2 Interpretation of section 191(2)(b) of the Town and Country Planning Act 1990
  3. 3 Timing for assessing lawfulness under section 191(2) and (4)

Ratio Decidendi

Where an enforcement notice is in force at the date of an application for a Lawful Development Certificate, section 191(2)(b) is not satisfied and the application must fail, regardless of whether the development was immune from enforcement action under section 191(2)(a).

Court Disposition

Permission refused; claim dismissed.

Orders

  • Permission for judicial review refused on all grounds.
  • Permission granted for this judgment to be cited in future proceedings.