Braintree District Council v Secretary of State for the Home Department & Anor

Braintree District Council v Secretary of State for the Home Department & Anor

The Court of Appeal held that section 296A of the Town and Country Planning Act 1990 imposes a statutory bar on local planning authorities bringing proceedings or making applications for enforcement, including injunctions under section 187B, against the Crown without the consent of the appropriate authority. The application for an injunction was a step for the purposes of enforcement and thus prohibited. The High Court had no jurisdiction to entertain the proceedings without such consent.

Parties
Appellant: Braintree District Council; First Respondent: Secretary of State for the Home Department; Second Respondent: Secretary of State for Defence; Intervener: West Lindsey District Council; Intervener: Gabriel Clarke-Holland; Intervener: Rother District Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Injunctions Against the Crown, Planning Enforcement, Statutory Interpretation, Permitted Development Rights, Jurisdiction of the High Court
Administrative Law Planning Law Public Law Injunctions Against the Crown Planning Enforcement Statutory Interpretation Permitted Development Rights Jurisdiction of the High Court

Case Brief

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Parties

Braintree District Council

Appellant

Secretary of State for the Home Department

First Respondent

Secretary of State for Defence

Second Respondent

West Lindsey District Council

Intervener

Gabriel Clarke-Holland

Intervener

Rother District Council

Intervener

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant an injunction under section 187B of the Town and Country Planning Act 1990 against the Crown without consent of the appropriate authority under section 296A
  2. 2 Whether the proposed development by the Secretary of State for the Home Department at RAF Wethersfield is permitted development under Class Q, Part 19 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015

Ratio Decidendi

The Court of Appeal held that section 296A of the Town and Country Planning Act 1990 imposes a statutory bar on local planning authorities bringing proceedings or making applications for enforcement, including injunctions under section 187B, against the Crown without the consent of the appropriate authority. The application for an injunction was a step for the purposes of enforcement and thus prohibited. The High Court had no jurisdiction to entertain the proceedings without such consent.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • No determination is made on the Class Q permitted development issue.