RSBS Developments Ltd v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 3077 (Admin) (17 November 2020)

RSBS Developments Ltd v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 3077 (Admin) (17 November 2020)

Article 3(5)(a) GPDO disapplies permitted development rights where unlawful building operations are involved, even if prior approval has been granted; remedial works do not retrospectively implement prior approval permission; the material change of use was not carried out in accordance with approved plans and was unlawful.

Citation
[2020] EWHC 3077 (Admin)
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, Article 3(5) GPDO, Statutory Interpretation
Planning Law Administrative Law Permitted Development Rights Prior Approval Unlawful Development Article 3(5) GPDO Statutory Interpretation

Case Brief

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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 Does Article 3(5) GPDO disapply permitted development rights after prior approval if unlawful building operations occur?
  2. 2 Are the two limbs of Article 3(5) GPDO mutually exclusive?
  3. 3 Can subsequent remedial works retrospectively implement prior approval permission?

Ratio Decidendi

Article 3(5)(a) GPDO disapplies permitted development rights where unlawful building operations are involved, even if prior approval has been granted; remedial works do not retrospectively implement prior approval permission; the material change of use was not carried out in accordance with approved plans and was unlawful.

Court Disposition

Appeal and application for statutory review dismissed

Orders

  • Claimant ordered to pay First Defendant's costs, including permission hearing costs