Collins v Secretary of State for Communities and Local Government & Anor

The Inspector misdirected herself by treating the enforcement notice as valid for disposal of waste when the actual activity was temporary deposit for construction purposes, not disposal by tipping. The notice failed to specify the correct breach, causing prejudice to the appellant, and must be quashed or amended.

Parties: Appellant: Christopher Collins; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Hampshire County Council
Jurisdiction: England and Wales
Judgment Date: 12 January 2016
Procedural Posture: Appeal / Judgment
Outcome: Appeal allowed
Legal Topics: Enforcement Notices, Waste Disposal, Planning Permission, Statutory Interpretation

Planning Law Administrative Law Enforcement Notices Waste Disposal Planning Permission Statutory Interpretation

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Parties

Christopher Collins

Appellant

Secretary of State for Communities and Local Government

First Respondent

Hampshire County Council

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the enforcement notice correctly alleged disposal of waste in breach of planning control
2 Whether the Inspector misdirected herself as to the form of disposal alleged
3 Whether the requirements of the enforcement notice were clear and proportionate

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Matter remitted to the Secretary of State for further consideration of the appeal against the first planning notice