Egan v Basildon Borough Council [2011] EWHC 2416 (QB) (26 September 2011)

Egan v Basildon Borough Council [2011] EWHC 2416 (QB) (26 September 2011)

The Council cannot, under section 178 of the Town and Country Planning Act 1990, demolish or remove buildings, walls, fences, or gates that were unlawfully present before the enforcement notice and not mentioned in it; such action exceeds the scope of enabling works. However, structures unlawfully erected after the notice may be removed if necessary for compliance. There are triable issues as to the status and timing of construction of certain structures, and the onus of proof lies on the residents.

Citation
[2011] EWHC 2416 (QB)
Parties
Claimant: Mr Patrick Egan; Defendant: Basildon Borough Council
Jurisdiction
England and Wales
Judgment Date
26 September 2011
Procedural Posture
Application for Injunction (interim Relief) / Interim Application Hearing; Directions for Speedy Trial of Triable Issues
Outcome
Interim injunction continued in part; directions for speedy trial of triable issues; further hearing required
Legal Topics
Enforcement Notices, Section 178 Town and Country Planning Act 1990, Section 111 Local Government Act 1972, Caravan Sites Act 1968, Judicial Review, Injunctions, Planning Control, Minority Rights
Planning Law Administrative Law Local Government Law Enforcement Notices Section 178 Town and Country Planning Act 1990 Section 111 Local Government Act 1972 Caravan Sites Act 1968 Judicial Review +3 more

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Parties

Mr Patrick Egan

Claimant

Basildon Borough Council

Defendant

Procedural Posture

Application for Injunction (interim Relief) / Interim Application Hearing; Directions for Speedy Trial of Triable Issues

Legal Issues

  1. 1 Whether the Council can demolish or remove buildings, walls, fences, and gates not mentioned in enforcement notices under section 178 of the Town and Country Planning Act 1990
  2. 2 Whether the Council can take action under section 178 in relation to matters previously subject to 1992 enforcement notices
  3. 3 Whether certain structures ('chalets') are caravans within the meaning of the Caravan Sites Act 1968 and enforcement notices

Ratio Decidendi

The Council cannot, under section 178 of the Town and Country Planning Act 1990, demolish or remove buildings, walls, fences, or gates that were unlawfully present before the enforcement notice and not mentioned in it; such action exceeds the scope of enabling works. However, structures unlawfully erected after the notice may be removed if necessary for compliance. There are triable issues as to the status and timing of construction of certain structures, and the onus of proof lies on the residents.

Court Disposition

Interim injunction continued in part; directions for speedy trial of triable issues; further hearing required

Orders

  • Further hearing to determine factual issues regarding the date of construction and status of buildings, walls, fences, gates, and 'chalets' on specific plots
  • Injunction may be continued for a short period pending determination of triable issues