Field v First Secretary of State & Anor [2004] EWHC 147 (Admin) (23 January 2004)

Field v First Secretary of State & Anor [2004] EWHC 147 (Admin) (23 January 2004)

The Inspector erred in law by considering the intention behind the demolition and by misapplying the legal principles regarding what constitutes commencement of development. Demolition, as a building operation normally undertaken by a builder and forming part of the permitted development, constituted commencement of development under the 1967 permission. Section 43 of the 1971 Act does not provide the exclusive means by which development can be commenced for the purposes of time-limited planning permissions; demolition can suffice where it is the permitted development.

Citation
[2004] EWHC 147 (Admin)
Parties
Claimant: Barry Field; First Defendant: First Secretary of State; Second Defendant: Crawley Borough Council
Jurisdiction
England and Wales
Judgment Date
23 January 2004
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment on Application to Quash Inspector's Decision
Outcome
Application allowed; Inspector's decision quashed
Legal Topics
Lawful Development Certificates, Commencement of Development, Interpretation of Planning Permissions, Time Limits on Planning Permissions
Planning Law Administrative Law Lawful Development Certificates Commencement of Development Interpretation of Planning Permissions Time Limits on Planning Permissions

Case Brief

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Parties

Barry Field

Claimant

First Secretary of State

First Defendant

Crawley Borough Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Whether demolition of cottages constituted commencement of development under a 1967 planning permission for the purposes of time limits imposed by planning legislation
  2. 2 Whether the Inspector erred in law in considering the intention behind demolition and in applying the statutory and case law definitions of 'development' and 'commencement'

Ratio Decidendi

The Inspector erred in law by considering the intention behind the demolition and by misapplying the legal principles regarding what constitutes commencement of development. Demolition, as a building operation normally undertaken by a builder and forming part of the permitted development, constituted commencement of development under the 1967 permission. Section 43 of the 1971 Act does not provide the exclusive means by which development can be commenced for the purposes of time-limited planning permissions; demolition can suffice where it is the permitted development.

Court Disposition

Application allowed; Inspector's decision quashed

Orders

  • Inspector's decision quashed
  • First defendant to pay claimant's costs in the agreed sum of £4,841.50