Ioannou v Secretary of State for Communities And Local Government & Anor [2013] EWHC 3945 (Admin) (16 December 2013)

Ioannou v Secretary of State for Communities And Local Government & Anor [2013] EWHC 3945 (Admin) (16 December 2013)

The Inspector failed to consider whether, under s173(4)(b), the remedial steps could be varied to bring about the 3-flat scheme as a remedy for injury to amenity caused by the breach. This was a relevant power that could have led to a different outcome. The Inspector's decision was legally deficient for not...

Source-derived case information.

Citation
[2013] EWHC 3945 (Admin)
Parties
Appellant: Christakis Ioannou; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: London Borough of Enfield
Jurisdiction
England and Wales
Judgment Date
16 December 2013
Procedural Posture
Appeal Under S289 Town and Country Planning Act 1990 / High Court Judgment on Appeal From Planning Inspector's Decision
Outcome
Appeal allowed; Inspector's decision quashed and remitted for reconsideration.
Legal Topics
Enforcement Notice Appeal, Scope of Inspector's Powers, Variation of Enforcement Notice, Remedial Steps Under S173(4)(b), Wheatcroft Principle, Ground (a) and (f) Appeals, Amenity Injury, Deemed Planning Application
Planning Law Administrative Law Enforcement Notice Appeal Scope of Inspector's Powers Variation of Enforcement Notice Remedial Steps Under S173(4)(b) Wheatcroft Principle Ground (a) and (f) Appeals +2 more

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Parties

Christakis Ioannou

Appellant

Secretary of State for Communities and Local Government

First Respondent

London Borough of Enfield

Second Respondent

Procedural Posture

Appeal Under S289 Town and Country Planning Act 1990 / High Court Judgment on Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector had power to grant permission for a 3-flat scheme on an enforcement notice appeal under s177(1)(a) and/or by varying remedial steps under s173(4)(b)
  2. 2 Whether the Inspector failed to consider the full extent of his powers, particularly under s173(4)(b)
  3. 3 Whether the Wheatcroft principle precluded granting permission for the 3-flat scheme as a variation of the enforcement notice

Ratio Decidendi

The Inspector failed to consider whether, under s173(4)(b), the remedial steps could be varied to bring about the 3-flat scheme as a remedy for injury to amenity caused by the breach. This was a relevant power that could have led to a different outcome. The Inspector's decision was legally deficient for not considering this aspect, and the appeal succeeds on that basis.

Court Disposition

Appeal allowed; Inspector's decision quashed and remitted for reconsideration.

Orders

  • Inspector's decision quashed
  • Matter remitted for reconsideration in accordance with the judgment