Williams v The Secretary of State for Communities And Local Government & Anor [2012] EWHC 3466 (Admin) (04 December 2012)

Williams v The Secretary of State for Communities And Local Government & Anor [2012] EWHC 3466 (Admin) (04 December 2012)

The Inspector erred in law by failing to consider whether the breach of planning control could be remedied by alteration of the as-built building to conform with the approved plans, rather than requiring demolition. The enforcement notice should be read as relating to non-conformity with the approved plans, and the least onerous remedy—alteration—should have been considered. Demolition was not justified as the only remedy.

Citation
[2012] EWHC 3466 (Admin)
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
Planning Appeal (statutory Review) / High Court Judgment on Appeal From Inspector's Decision
Outcome
Appeal allowed
Legal Topics
Enforcement Notice, Green Belt Policy, Planning Permission, Conversion Vs New Build, Remedies for Breach of Planning Control
Planning Law Administrative Law Local Government Law Enforcement Notice Green Belt Policy Planning Permission Conversion Vs New Build Remedies for Breach of Planning Control

Case Brief

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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

Planning Appeal (statutory Review) / High Court Judgment on Appeal From Inspector's Decision

Legal Issues

  1. 1 Whether the enforcement notice requiring demolition was lawful and proportionate
  2. 2 Whether the Inspector erred in law by not permitting alteration as a remedy
  3. 3 Whether the works constituted a conversion or a new building

Ratio Decidendi

The Inspector erred in law by failing to consider whether the breach of planning control could be remedied by alteration of the as-built building to conform with the approved plans, rather than requiring demolition. The enforcement notice should be read as relating to non-conformity with the approved plans, and the least onerous remedy—alteration—should have been considered. Demolition was not justified as the only remedy.

Court Disposition

Appeal allowed

Orders

  • Inspector's decision quashed
  • Matter remitted for reconsideration of appropriate remedy, including alteration of the building to conform with approved plans