City of Westminster v Davenport & Anor

City of Westminster v Davenport & Anor

The enforcement notice served in 2006 is valid and binding; its requirements have been breached by persistent commercial use of the premises that cannot reasonably be characterised as ancillary to residential use. The Council is entitled to a permanent injunction restraining unauthorised commercial or non-residential use, as no alternative enforcement would be effective.

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
Injunction Application Under S.187 B Town and Country Planning Act 1990 / Judgment on Application for Permanent Injunction
Outcome
Permanent injunction granted restraining unauthorised commercial or non-residential use of 33 Portland Place.
Legal Topics
Injunctions, Enforcement Notice, Change of Use, Ancillary Use, Planning Permission, Statutory Interpretation
Planning Law Public Law Injunctions Enforcement Notice Change of Use Ancillary Use Planning Permission Statutory Interpretation

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Parties

The Lord Mayor and Citizens of the City of Westminster

Claimant

Edward Davenport

Defendant

Persons Unknown

Defendant

Procedural Posture

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

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 activities at the premises are ancillary to residential use or represent a material change of use

Ratio Decidendi

The enforcement notice served in 2006 is valid and binding; its requirements have been breached by persistent commercial use of the premises that cannot reasonably be characterised as ancillary to residential use. The Council is entitled to a permanent injunction restraining unauthorised commercial or non-residential use, as no alternative enforcement would be effective.

Court Disposition

Permanent injunction granted restraining unauthorised commercial or non-residential use of 33 Portland Place.

Orders

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