Lawson Builders Ltd & Ors v Secretary of State for Communities & Local Government & Anor

Lawson Builders Ltd & Ors v Secretary of State for Communities & Local Government & Anor

The 2010 planning permission was, in substance, a retrospective permission under section 73A of the Town and Country Planning Act 1990, and was implemented by virtue of the development having already been carried out; the Claimants were therefore bound by its conditions. The Inspector did not err in law in his approach. The statutory defence under section 187A(11) was not made out as the Claimant failed to take all reasonable measures to secure compliance, particularly as the director of the Claimant was also the owner withholding consent.

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
Judicial Review and Appeal by Way of Case Stated / Judgment After Hearing
Outcome
Application and appeal dismissed
Legal Topics
Retrospective Planning Permission, Implementation of Planning Permission, Lawful Development Certificates, Breach of Condition Notice, Statutory Defences to Enforcement, Interpretation of Town and Country Planning Act 1990
Planning Law Administrative Law Retrospective Planning Permission Implementation of Planning Permission Lawful Development Certificates Breach of Condition Notice Statutory Defences to Enforcement Interpretation of Town and Country Planning Act 1990

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

Judicial Review and Appeal by Way of Case Stated / Judgment After Hearing

Legal Issues

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

Ratio Decidendi

The 2010 planning permission was, in substance, a retrospective permission under section 73A of the Town and Country Planning Act 1990, and was implemented by virtue of the development having already been carried out; the Claimants were therefore bound by its conditions. The Inspector did not err in law in his approach. The statutory defence under section 187A(11) was not made out as the Claimant failed to take all reasonable measures to secure compliance, particularly as the director of the Claimant was also the owner withholding consent.

Court Disposition

Application and appeal dismissed