Philcox, R (on the application of) v Epping Forest District Council [2000] EWHC Admin 324 (13 April 2000)

Philcox, R (on the application of) v Epping Forest District Council [2000] EWHC Admin 324 (13 April 2000)

Section 191(2) of the Town and Country Planning Act 1990, as substituted by the Planning Compensation Act 1991, provides a comprehensive statutory definition of lawfulness for planning purposes, and does not incorporate the general public policy principle preventing benefit from crime; therefore, a CLEU may be granted even if criminal offences have been committed.

Citation
[2000] EWHC Admin 324
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
England and Wales
Judgment Date
13 April 2000
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Certificate of Lawful Established Use, Public Policy, Statutory Interpretation
Administrative Law Planning Law Certificate of Lawful Established Use Public Policy Statutory Interpretation

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a certificate of lawful established use can be granted when the applicant has committed criminal offences under the Environmental Protection Act 1990
  2. 2 Whether section 191(2) of the Town and Country Planning Act 1990 should be interpreted in light of public policy principles preventing benefit from crime

Ratio Decidendi

Section 191(2) of the Town and Country Planning Act 1990, as substituted by the Planning Compensation Act 1991, provides a comprehensive statutory definition of lawfulness for planning purposes, and does not incorporate the general public policy principle preventing benefit from crime; therefore, a CLEU may be granted even if criminal offences have been committed.

Court Disposition

Application dismissed

Orders

  • Permission to appeal refused