Lisle-Mainwaring, R (On the Application Of) v Isleworth Crown Court & Anor

Lisle-Mainwaring, R (On the Application Of) v Isleworth Crown Court & Anor

It is an improper use of section 215 TCPA 1990 to require alteration of a lawful painting scheme based solely on aesthetics, where there is no want of maintenance or repair. The Planning Code provides for permitted development rights, and section 215 cannot be used to circumvent those rights without compensation. The notice and the Crown Court's decision are quashed.

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 / Judgment on Application for Permission to Seek Judicial Review and Substantive Hearing
Outcome
Application allowed; notice and Crown Court decision quashed.
Legal Topics
Section 215 TCPA 1990, Permitted Development Rights, Amenity, Conservation Areas, Statutory Interpretation
Planning Law Administrative Law Section 215 TCPA 1990 Permitted Development Rights Amenity Conservation Areas Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Zipporah Lisle-Mainwaring

Claimant

Isleworth Crown Court

First Defendant

Royal Borough of Kensington and Chelsea

Second Defendant

Procedural Posture

Judicial Review / Judgment on Application for Permission to Seek Judicial Review and Substantive Hearing

Legal Issues

  1. 1 Whether a section 215 notice may be used to require alteration of a lawful painting scheme on amenity grounds
  2. 2 Whether the condition of the building as painted results in the ordinary course of events from lawful operations under the Planning Code

Ratio Decidendi

It is an improper use of section 215 TCPA 1990 to require alteration of a lawful painting scheme based solely on aesthetics, where there is no want of maintenance or repair. The Planning Code provides for permitted development rights, and section 215 cannot be used to circumvent those rights without compensation. The notice and the Crown Court's decision are quashed.

Court Disposition

Application allowed; notice and Crown Court decision quashed.

Orders

  • Section 215 notice quashed.
  • Crown Court decision quashed.