Elmbridge Borough Council v Secretary of State for Communities And Local Government & Anor [2015] EWHC 1367 (Admin) (14 May 2015)

Elmbridge Borough Council v Secretary of State for Communities And Local Government & Anor [2015] EWHC 1367 (Admin) (14 May 2015)

Inspector lacked power to vary enforcement notice to require compliance with lapsed planning permission absent extant permission or ground (a) appeal; decision must be quashed as reasoning did not conclusively determine existence of valid permission and was contrary to binding authority.

Source-derived case information.

Citation
[2015] EWHC 1367 (Admin)
Parties
Appellant: Elmbridge Borough Council; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Giggs Hill Green Homes Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2015
Procedural Posture
Planning Appeal Under Section 289 Town and Country Planning Act 1990 / High Court Appeal From Inspector's Decision
Outcome
Appeal allowed; Inspector's decision quashed; matter remitted for reconsideration.
Legal Topics
Enforcement Notice, Planning Permission, Ground (a) and (f) Appeals, Jurisdiction of Inspector, Implementation of Planning Permission
Planning Law Administrative Law Enforcement Notice Planning Permission Ground (a) and (f) Appeals Jurisdiction of Inspector Implementation of Planning Permission

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Parties

Elmbridge Borough Council

Appellant

Secretary of State for Communities and Local Government

First Respondent

Giggs Hill Green Homes Limited

Second Respondent

Procedural Posture

Planning Appeal Under Section 289 Town and Country Planning Act 1990 / High Court Appeal From Inspector's Decision

Legal Issues

  1. 1 Whether Inspector had power to vary enforcement notice to require compliance with lapsed planning permission absent ground (a) appeal
  2. 2 Whether 2008 planning permission was lawfully implemented and extant
  3. 3 Whether enforcement notice variation was within statutory powers

Ratio Decidendi

Inspector lacked power to vary enforcement notice to require compliance with lapsed planning permission absent extant permission or ground (a) appeal; decision must be quashed as reasoning did not conclusively determine existence of valid permission and was contrary to binding authority.

Court Disposition

Appeal allowed; Inspector's decision quashed; matter remitted for reconsideration.

Orders

  • Inspector's decision letter quashed.
  • Matter sent back to Secretary of State for reconsideration.