Payne & Ors v Caerphilly Conty Borough Council [2009] EWLands LCA_109_2006 (09 January 2009)

Payne & Ors v Caerphilly Conty Borough Council [2009] EWLands LCA_109_2006 (09 January 2009)

The claimants' tipping operations were outside the area permitted by the 1955 planning permission and thus constituted a breach of planning control. As such, under s 186(5)(a) of the Town and Country Planning Act 1990, no compensation is payable for losses arising from compliance with the stop notice. Previous court...

Source-derived case information.

Citation
[2009] EWLands LCA_109_2006
Parties
Claimant: Clive Payne; Claimant: Celtic Mineral Recovery (Senghenydd) Ltd; Respondent: Caerphilly County Borough Council
Jurisdiction
England and Wales
Judgment Date
09 January 2009
Procedural Posture
Compensation Claim Under Town and Country Planning Act 1990, S 186(2) / Decision on Preliminary Issue
Outcome
Reference dismissed; claim for compensation fails.
Legal Topics
Stop Notice Compensation, Planning Permission Interpretation, Breach of Planning Control, Enforcement Notice Validity, Res Judicata in Planning Disputes
Planning Law Administrative Law Compensation Law Stop Notice Compensation Planning Permission Interpretation Breach of Planning Control Enforcement Notice Validity Res Judicata in Planning Disputes

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Parties

Clive Payne

Claimant

Celtic Mineral Recovery (Senghenydd) Ltd

Claimant

Caerphilly County Borough Council

Respondent

Procedural Posture

Compensation Claim Under Town and Country Planning Act 1990, S 186(2) / Decision on Preliminary Issue

Legal Issues

  1. 1 Whether tipping operations constituted a breach of planning control so as to preclude compensation under s 186(5)(a) of the Town and Country Planning Act 1990
  2. 2 Whether the 1955 planning permission extended to the whole site or only to defined areas
  3. 3 Whether only the Secretary of State can determine breaches of planning control for compensation purposes

Ratio Decidendi

The claimants' tipping operations were outside the area permitted by the 1955 planning permission and thus constituted a breach of planning control. As such, under s 186(5)(a) of the Town and Country Planning Act 1990, no compensation is payable for losses arising from compliance with the stop notice. Previous court decisions are binding and the matter is res judicata between the parties.

Court Disposition

Reference dismissed; claim for compensation fails.

Orders

  • Reference dismissed; parties invited to make representations on costs.