City of Westminster v Davenport & Anor [2010] EWHC 2016 (QB) (30 July 2010)

City of Westminster v Davenport & Anor [2010] EWHC 2016 (QB) (30 July 2010)

The enforcement notice served in 2006 is not a nullity and is valid and binding. The use of 33 Portland Place for commercial purposes is not ancillary or incidental to residential use and constitutes a breach of planning control. The Council has established persistent breaches of the enforcement notice, justifying the grant of a permanent injunction restraining commercial and non-residential use without planning permission.

Citation
[2010] EWHC 2016 (QB)
Parties
Claimant: The Lord Mayor and Citizens of the City of Westminster; Defendant: Edward Davenport; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Application for Permanent Injunction Under S.187 B Town and Country Planning Act 1990 / Judgment After Hearing of Application for Permanent Injunction
Outcome
Permanent injunction granted
Legal Topics
Enforcement Notice Validity, Change of Use, Ancillary/incidental Use, Permanent Injunction, Planning Control, Residential Vs Commercial Use
Planning Law Administrative Law Enforcement Notice Validity Change of Use Ancillary/incidental Use Permanent Injunction Planning Control Residential Vs Commercial Use

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Parties

The Lord Mayor and Citizens of the City of Westminster

Claimant

Edward Davenport

Defendant

Persons Unknown

Defendant

Procedural Posture

Application for Permanent Injunction Under S.187 B Town and Country Planning Act 1990 / Judgment After Hearing of Application for Permanent Injunction

Legal Issues

  1. 1 Whether the enforcement notice served in 2006 is a nullity or valid and binding
  2. 2 Whether the use of 33 Portland Place for commercial purposes constitutes a breach of planning control
  3. 3 Whether the commercial activities are ancillary/incidental to residential use or amount to a material change of use

Ratio Decidendi

The enforcement notice served in 2006 is not a nullity and is valid and binding. The use of 33 Portland Place for commercial purposes is not ancillary or incidental to residential use and constitutes a breach of planning control. The Council has established persistent breaches of the enforcement notice, justifying the grant of a permanent injunction restraining commercial and non-residential use without planning permission.

Court Disposition

Permanent injunction granted

Orders

  • Defendants are permanently restrained from using any part of 33 Portland Place for commercial or non-residential purposes without express planning permission.
  • Defendants are forbidden from undertaking any development at the property as defined in section 55 of the Town and Country Planning Act 1990 without express planning permission.