Lisle-Mainwaring, R (On the Application Of) v Isleworth Crown Court & Anor [2017] EWHC 904 (Admin) (24 April 2017)

Lisle-Mainwaring, R (On the Application Of) v Isleworth Crown Court & Anor [2017] EWHC 904 (Admin) (24 April 2017)

Section 215 TCPA 1990 can be used to require remedial steps where the appearance of a building, even if lawfully painted under permitted development rights, adversely affects amenity. The term 'condition' includes appearance, and the statutory scheme does not limit section 215 to cases of disrepair or maintenance. The fact that the painting was lawful does not preclude the use of section 215 unless the harm to amenity results in the ordinary course of events from such lawful operations, which was not established on the facts. The Crown Court did not err in law in upholding the notice.

Citation
[2017] EWHC 904 (Admin)
Parties
Claimant: Zipporah Lisle-Mainwaring; First Defendant: Isleworth Crown Court; Second Defendant: Royal Borough of Kensington and Chelsea
Jurisdiction
England and Wales
Judgment Date
24 April 2017
Procedural Posture
Judicial Review / Application for Permission to Seek Judicial Review and Substantive Determination
Outcome
Claim dismissed; permission to proceed with judicial review refused.
Legal Topics
Section 215 Notices, Amenity, Permitted Development Rights, Conservation Areas, Statutory Interpretation
Planning Law Administrative Law Local Government Law Section 215 Notices Amenity Permitted Development Rights Conservation Areas Statutory Interpretation

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Parties

Zipporah Lisle-Mainwaring

Claimant

Isleworth Crown Court

First Defendant

Royal Borough of Kensington and Chelsea

Second Defendant

Procedural Posture

Judicial Review / Application for Permission to Seek Judicial Review and Substantive Determination

Legal Issues

  1. 1 Whether a section 215 notice under the Town and Country Planning Act 1990 can be used to require remedial steps where the complaint is about the choice of painting scheme rather than disrepair
  2. 2 Whether the condition of the building as painted results in the ordinary course of events from lawful operations not in contravention of Part III of the TCPA 1990

Ratio Decidendi

Section 215 TCPA 1990 can be used to require remedial steps where the appearance of a building, even if lawfully painted under permitted development rights, adversely affects amenity. The term 'condition' includes appearance, and the statutory scheme does not limit section 215 to cases of disrepair or maintenance. The fact that the painting was lawful does not preclude the use of section 215 unless the harm to amenity results in the ordinary course of events from such lawful operations, which was not established on the facts. The Crown Court did not err in law in upholding the notice.

Court Disposition

Claim dismissed; permission to proceed with judicial review refused.

Orders

  • The application for judicial review is refused.
  • The section 215 notice requiring the property to be repainted white stands.