Welwyn Hatfield Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 966 (Admin) (07 April 2009)

Welwyn Hatfield Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 966 (Admin) (07 April 2009)

The four-year immunity from enforcement under Section 171B(2) does not apply where a building was constructed under planning permission obtained by deception, was always intended and used as a dwelling house, and there was no change of use from another purpose. The inspector erred in granting the lawful development certificate; the certificate should not be granted, and enforcement action may proceed.

Citation
[2009] EWHC 966 (Admin)
Parties
Claimant: Welwyn Hatfield Council; First Defendant: Secretary of State for Communities and Local Government; Interested Party: Alan Beesley
Jurisdiction
England and Wales
Judgment Date
07 April 2009
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim allowed; inspector's decision quashed; certificate of lawful use refused.
Legal Topics
Lawful Development Certificates, Planning Enforcement, Fraud and Deception in Planning Applications, Change of Use, Green Belt Policy
Administrative Law Planning Law Lawful Development Certificates Planning Enforcement Fraud and Deception in Planning Applications Change of Use Green Belt Policy

Case Brief

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Parties

Welwyn Hatfield Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Alan Beesley

Interested Party

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether a lawful development certificate should be granted for use of a building as a dwelling house where planning permission was obtained by deception
  2. 2 Whether the four-year rule under Section 171B(2) of the Town and Country Planning Act 1990 applies where the building was always intended to be a dwelling house and never used as a barn
  3. 3 Whether the inspector applied the correct legal test regarding 'use as a dwelling house' versus 'being a dwelling house'

Ratio Decidendi

The four-year immunity from enforcement under Section 171B(2) does not apply where a building was constructed under planning permission obtained by deception, was always intended and used as a dwelling house, and there was no change of use from another purpose. The inspector erred in granting the lawful development certificate; the certificate should not be granted, and enforcement action may proceed.

Court Disposition

Claim allowed; inspector's decision quashed; certificate of lawful use refused.

Orders

  • Inspector's decision granting lawful development certificate is quashed.
  • Welwyn Hatfield Council's decision refusing the certificate is restored.