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 is not a nullity and remains valid and effective. The evidence establishes persistent breaches of planning control by use of the premises for commercial purposes not ancillary to residential use. The court cannot revisit the planning merits or the validity of the notice, and a permanent injunction is appropriate to restrain further breaches.

Citation
[2010] EWHC 2016
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 Contested Hearing
Outcome
Permanent injunction granted
Legal Topics
Enforcement Notice Validity, Change of Use, Ancillary/incidental Use, Permanent Injunction, Planning Control, Section 285 Town and Country Planning Act, Section 187 B Town and Country Planning Act
Planning Law Administrative Law Enforcement Notice Validity Change of Use Ancillary/incidental Use Permanent Injunction Planning Control Section 285 Town and Country Planning Act +1 more

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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 Contested Hearing

Legal Issues

  1. 1 Whether the enforcement notice served in 2006 is a nullity or valid
  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

Ratio Decidendi

The enforcement notice is not a nullity and remains valid and effective. The evidence establishes persistent breaches of planning control by use of the premises for commercial purposes not ancillary to residential use. The court cannot revisit the planning merits or the validity of the notice, and a permanent injunction is appropriate to restrain further breaches.

Court Disposition

Permanent injunction granted

Orders

  • Defendants are permanently restrained from using any part of 33 Portland Place, London W1B 1QE for any commercial or non-residential purposes without express planning permission.
  • Defendants are permanently restrained from undertaking any development at the property as defined in section 55 of the Town and Country Planning Act 1990 without express planning permission.