RSBS Developments Ltd v Secretary of State for Housing, Communities And Local Government & Anor

RSBS Developments Ltd v Secretary of State for Housing, Communities And Local Government & Anor

Article 3(5)(a) of the GPDO disapplies permitted development rights where unlawful building operations have occurred, even if prior approval was previously granted. The Claimant's deviation from approved plans and unlawful extension meant the change of use was not permitted development. Remedial works did not retrospectively regularise the breach. The Inspector's interpretation and application of the law were correct.

Parties
Claimant: RSBS Developments Limited; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
17 November 2020
Procedural Posture
Judicial Review and Statutory Appeal / Final Judgment
Outcome
Appeal and application for statutory review dismissed
Legal Topics
Permitted Development Rights, Prior Approval, Unlawful Development, Interpretation of GPDO Article 3(5), Statutory Construction
Planning Law Administrative Law Permitted Development Rights Prior Approval Unlawful Development Interpretation of GPDO Article 3(5) Statutory Construction

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Parties

RSBS Developments Limited

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

London Borough of Brent

Second Defendant

Procedural Posture

Judicial Review and Statutory Appeal / Final Judgment

Legal Issues

  1. 1 Whether Article 3(5) of the GPDO disapplies permitted development rights after prior approval if unlawful building operations occur
  2. 2 Whether the Inspector erred in finding that the change of use was unlawful due to deviation from approved plans
  3. 3 Whether remedial works can retrospectively regularise an unlawful change of use

Ratio Decidendi

Article 3(5)(a) of the GPDO disapplies permitted development rights where unlawful building operations have occurred, even if prior approval was previously granted. The Claimant's deviation from approved plans and unlawful extension meant the change of use was not permitted development. Remedial works did not retrospectively regularise the breach. The Inspector's interpretation and application of the law were correct.

Court Disposition

Appeal and application for statutory review dismissed

Orders

  • Claimant to pay First Defendant’s costs as summarily assessed, including costs of the permission hearing