Djurberg v Secretary of State for Communities and Local Government

Djurberg v Secretary of State for Communities and Local Government

The inspector made no error of law in concluding that the previous finger pontoons were unlawful and not covered by the 2008 grant; there was no lawful fallback position, and the inspector's decision was correct.

Parties
Claimant: Myck Djurberg; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: London Borough of Richmond-upon-Thames
Jurisdiction
England and Wales
Judgment Date
12 December 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Planning Permission, Enforcement Notice, Listed Building, Conservation Area, Metropolitan Open Land, Fallback Position, Heritage Assets
Planning Law Administrative Law Planning Permission Enforcement Notice Listed Building Conservation Area Metropolitan Open Land Fallback Position +1 more

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Parties

Myck Djurberg

Claimant

Secretary of State for Communities and Local Government

First Defendant

London Borough of Richmond-upon-Thames

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inspector erred in law regarding the fallback position for pontoons under the 2008 planning permission
  2. 2 Whether previous finger pontoons had planning permission
  3. 3 Whether the inspector failed to consider material considerations regarding prior permissions

Ratio Decidendi

The inspector made no error of law in concluding that the previous finger pontoons were unlawful and not covered by the 2008 grant; there was no lawful fallback position, and the inspector's decision was correct.

Court Disposition

Appeal dismissed