Adam (Formally Known as Michael Merrill) v Cheshire East Council [2024] EWCA Civ 536 (12 March 2024)

Adam (Formally Known as Michael Merrill) v Cheshire East Council [2024] EWCA Civ 536 (12 March 2024)

Appellant is a 'person' for purposes of planning law, is registered owner of land, faith is irrelevant to compliance, absence of red edging on plan did not affect clarity or appellant's knowledge of obligations, breaches were serious and intentional, sentence was proportionate and properly suspended for staged compliance.

Citation
[2024] EWCA Civ 536
Parties
Appellant/defendant: Adam (formally known as Michael Merrill); Respondent/claimant: Cheshire East Council
Jurisdiction
England and Wales
Judgment Date
12 March 2024
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Planning Injunctions, Enforcement Notices, Contempt Proceedings, Sentencing Principles, Interpretation of 'person', Land Ownership, Faith and Article 9 ECHR
Planning Law Contempt of Court Civil Procedure Planning Injunctions Enforcement Notices Contempt Proceedings Sentencing Principles Interpretation of 'person' +2 more

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Parties

Adam (formally known as Michael Merrill)

Appellant/defendant

Cheshire East Council

Respondent/claimant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether appellant is a 'person' for purposes of Town and Country Planning Act 1990
  2. 2 Whether appellant is owner of land for purposes of injunction
  3. 3 Effect of absence of red edging on plan attached to injunction

Ratio Decidendi

Appellant is a 'person' for purposes of planning law, is registered owner of land, faith is irrelevant to compliance, absence of red edging on plan did not affect clarity or appellant's knowledge of obligations, breaches were serious and intentional, sentence was proportionate and properly suspended for staged compliance.

Court Disposition

Appeal dismissed

Orders

  • Custodial sentence of 12 months suspended for 12 months upheld
  • Appellant to comply with staged requirements for removal of unauthorised development