Collins v Secretary of State for Communities and Local Government & Anor [2016] EWHC 5 (Admin) (12 January 2016)

Collins v Secretary of State for Communities and Local Government & Anor [2016] EWHC 5 (Admin) (12 January 2016)

The inspector misdirected herself by treating temporary deposit of waste for construction as disposal in breach of planning control, when the enforcement notice alleged disposal by tipping for landfill; the notice was unclear and did not specify the actual activity constituting the breach.

Citation
[2016] EWHC 5 (Admin)
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
Planning Appeal Under S.289(1) Town and Country Planning Act 1990 / Appeal From Planning Inspector's Decision
Outcome
Appeal allowed
Legal Topics
Enforcement Notice, Waste Disposal, Change of Use, Planning Permission, EU Waste Framework Directive
Planning Law Administrative Law Environmental Law Enforcement Notice Waste Disposal Change of Use Planning Permission EU Waste Framework Directive

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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

Planning Appeal Under S.289(1) Town and Country Planning Act 1990 / Appeal From Planning Inspector's Decision

Legal Issues

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

Ratio Decidendi

The inspector misdirected herself by treating temporary deposit of waste for construction as disposal in breach of planning control, when the enforcement notice alleged disposal by tipping for landfill; the notice was unclear and did not specify the actual activity constituting the breach.

Court Disposition

Appeal allowed

Orders

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