Tony Leigh v Secretary of State for Housing, Communities and Local Government & Anor

Tony Leigh v Secretary of State for Housing, Communities and Local Government & Anor

The existence of an extant enforcement notice at the date of the application meant that section 191(2)(b) was not satisfied, so the Claimant was not entitled to a Lawful Development Certificate regardless of whether the works were substantially completed before the notice was served.

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
17 March 2026
Procedural Posture
Judicial Review / Permission Hearing
Outcome
Permission refused; claim dismissed
Legal Topics
Lawful Development Certificate, Enforcement Notice, Section 191 Town & Country Planning Act 1990, Judicial Review Procedure
Planning Law Administrative Law Lawful Development Certificate Enforcement Notice Section 191 Town & Country Planning Act 1990 Judicial Review Procedure

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 / Permission Hearing

Legal Issues

  1. 1 Whether the existence of an extant enforcement notice at the date of application precludes the grant of a Lawful Development Certificate under section 191(2)(b) of the Town & Country Planning Act 1990
  2. 2 Whether 'lawfulness' for the purposes of section 191 is to be judged at the date of the application or at the date immunity from enforcement action arises

Ratio Decidendi

The existence of an extant enforcement notice at the date of the application meant that section 191(2)(b) was not satisfied, so the Claimant was not entitled to a Lawful Development Certificate regardless of whether the works were substantially completed before the notice was served.

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