Williams v The Secretary of State for Communities And Local Government & Anor

The Inspector erred in law by failing to consider alteration of the new building as a remedy for breaches of planning control, as the breaches arose from non-conformity with the 2006 permission and could be remedied by alteration to comply with approved plans; demolition was not the only appropriate remedy.

Parties: Appellant: Anthony Williams; First Respondent: The Secretary of State for Communities and Local Government; Second Respondent: Chiltern District Council
Jurisdiction: England and Wales
Judgment Date: 04 December 2012
Procedural Posture: Appeal / Judgment
Outcome: Appeal allowed; decision remitted for reconsideration.
Legal Topics: Enforcement Notice, Green Belt Policy, Planning Permission, Remedial Measures, Conversion Vs New Building

Planning Law Administrative Law Enforcement Notice Green Belt Policy Planning Permission Remedial Measures Conversion Vs New Building

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Parties

Anthony Williams

Appellant

The Secretary of State for Communities and Local Government

First Respondent

Chiltern District Council

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Effect of Green Belt location on development
2 Scope of permitted works under original planning permission
3 Nature of permitted development (conversion vs new building)

Ratio Decidendi

Court Disposition

Appeal allowed; decision remitted for reconsideration.

Orders

Appeal remitted to Secretary of State to reconsider ground (f) in light of judgment.
Mr Williams entitled to apply for alteration remedy under section 173(4)(a) TCPA.