Welwyn Hatfield Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor

Welwyn Hatfield Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The four-year immunity under Section 171B(2) does not apply where the building was constructed and used as a dwelling house from the outset in breach of planning control and planning permission was obtained by deception; there was no change of use, and the inspector erred in granting the certificate.

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 / Judgment on Claim to Quash Inspector's Decision
Outcome
Claim allowed; inspector's decision quashed; certificate of lawful use refused
Legal Topics
Lawful Development Certificates, Planning Enforcement, Deception in Planning Applications, Change of Use, Statutory Interpretation
Planning Law Administrative Law Lawful Development Certificates Planning Enforcement Deception in Planning Applications Change of Use Statutory Interpretation

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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 / Judgment on Claim to Quash Inspector's Decision

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 enforcement period under Section 171B of the Town and Country Planning Act 1990 applies where the building was constructed and used as a dwelling house from the outset in breach of planning control
  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 under Section 171B(2) does not apply where the building was constructed and used as a dwelling house from the outset in breach of planning control and planning permission was obtained by deception; there was no change of use, and the inspector erred in granting the certificate.

Court Disposition

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

Orders

  • Inspector's decision granting certificate of lawful use is quashed
  • Council's refusal of certificate is restored