Imperial Resources SA, R (on the application of) v First Secretary of State in the Office of the Deputy Prime Minister & Ors [2003] EWHC 658 (Admin) (17 March 2003)

Imperial Resources SA, R (on the application of) v First Secretary of State in the Office of the Deputy Prime Minister & Ors [2003] EWHC 658 (Admin) (17 March 2003)

The inspector's decision that the walls built in 1988 were material operations but not comprised in the development permitted by the 1983 planning permission was lawful, as he objectively assessed the function, usability, and significance of differences between the works and the approved plans, and concluded that substantial adaptation or demolition would be required, making the works not part of the permitted development.

Citation
[2003] EWHC 658 (Admin)
Parties
Claimant: Imperial Resources SA; First Defendant: First Secretary of State in the Office of the Deputy Prime Minister; Second Defendant: The Royal Borough of Kensington and Chelsea
Jurisdiction
England and Wales
Judgment Date
17 March 2003
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Lawful Development Certificate, Commencement of Development, Material Operation, Planning Permission Lapse
Administrative Law Planning Law Lawful Development Certificate Commencement of Development Material Operation Planning Permission Lapse

Case Brief

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Parties

Imperial Resources SA

Claimant

First Secretary of State in the Office of the Deputy Prime Minister

First Defendant

The Royal Borough of Kensington and Chelsea

Second Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether the works carried out in 1988 constituted a material operation comprised in the development permitted by the 1983 planning permission
  2. 2 Whether the inspector erred in law in assessing the significance of differences between the works and the approved plans

Ratio Decidendi

The inspector's decision that the walls built in 1988 were material operations but not comprised in the development permitted by the 1983 planning permission was lawful, as he objectively assessed the function, usability, and significance of differences between the works and the approved plans, and concluded that substantial adaptation or demolition would be required, making the works not part of the permitted development.

Court Disposition

Claim dismissed

Orders

  • Claimant to pay first defendant's costs, summarily assessed at £5,101.75
  • No order for second defendant's costs