Lawson Builders Ltd & Ors v Secretary of State for Communities & Local Government & Anor [2013] EWHC 3368 (Admin) (07 November 2013)

Lawson Builders Ltd & Ors v Secretary of State for Communities & Local Government & Anor [2013] EWHC 3368 (Admin) (07 November 2013)

The 2010 planning permission was properly treated as retrospective under section 73A, having been granted after the development was completed; it was implemented by virtue of the development already existing, and the Claimants were bound by its conditions. The Inspector and District Judge made no error of law. The statutory defence to the breach of condition notice was not made out as insufficient steps were taken to secure compliance, particularly as the refusal of consent was by a director of the Claimant company.

Citation
[2013] EWHC 3368 (Admin)
Parties
Claimant/appellant: Lawson Builders Ltd; Claimant: Paul Lawson; Claimant: Jennifer Lawson; First Defendant: Secretary of State for Communities & Local Government; Second Defendant: Wakefield Metropolitan District Council
Jurisdiction
England and Wales
Judgment Date
07 November 2013
Procedural Posture
Administrative/planning Law; Criminal (case Stated) / High Court Judgment on Joined Section 288 Application and Case Stated Appeal
Outcome
Both the section 288 application and the case stated appeal are dismissed.
Legal Topics
Retrospective Planning Permission, Implementation of Planning Permission, Lawful Development Certificates, Enforcement Action, Breach of Condition Notice, Statutory Defences to Enforcement, Interpretation of Town and Country Planning Act 1990
Planning Law Administrative Law Criminal Law Retrospective Planning Permission Implementation of Planning Permission Lawful Development Certificates Enforcement Action Breach of Condition Notice +2 more

Case Brief

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Parties

Lawson Builders Ltd

Claimant/appellant

Paul Lawson

Claimant

Jennifer Lawson

Claimant

Secretary of State for Communities & Local Government

First Defendant

Wakefield Metropolitan District Council

Second Defendant

Procedural Posture

Administrative/planning Law; Criminal (case Stated) / High Court Judgment on Joined Section 288 Application and Case Stated Appeal

Legal Issues

  1. 1 Whether the 2010 planning permission was retrospective and implemented
  2. 2 Whether the Inspector erred in law in characterising the 2010 permission as retrospective under section 73A
  3. 3 Whether the Claimants were bound by conditions of the 2010 permission

Ratio Decidendi

The 2010 planning permission was properly treated as retrospective under section 73A, having been granted after the development was completed; it was implemented by virtue of the development already existing, and the Claimants were bound by its conditions. The Inspector and District Judge made no error of law. The statutory defence to the breach of condition notice was not made out as insufficient steps were taken to secure compliance, particularly as the refusal of consent was by a director of the Claimant company.

Court Disposition

Both the section 288 application and the case stated appeal are dismissed.

Orders

  • Application under section 288 of the Town and Country Planning Act 1990 dismissed.
  • Appeal by way of case stated dismissed.