Elmbridge Borough Council v Secretary of State for Communities And Local Government & Anor

Elmbridge Borough Council v Secretary of State for Communities And Local Government & Anor

The Inspector lacked jurisdiction to vary the Enforcement Notice to require compliance with a lapsed planning permission in the absence of a Ground (a) appeal or deemed application; the reasoning did not conclusively determine the existence of an extant permission, and binding authority precludes such variation.

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
Appeal / Judgment
Outcome
Appeal allowed; Inspector's decision quashed; matter remitted for reconsideration.
Legal Topics
Enforcement Notice, Planning Permission, Jurisdiction of Inspector, Ground (a) and (f) Appeals, Implementation of Planning Permission
Planning Law Administrative Law Enforcement Notice Planning Permission Jurisdiction of Inspector Ground (a) and (f) Appeals Implementation of Planning Permission

Case Brief

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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

Appeal / Judgment

Legal Issues

  1. 1 Whether the Inspector had power to vary the Enforcement Notice absent an extant planning permission or a Ground (a) appeal
  2. 2 Whether the development was lawfully implemented under the 2008 planning permission
  3. 3 Whether the Inspector's reasoning met legal adequacy standards

Ratio Decidendi

The Inspector lacked jurisdiction to vary the Enforcement Notice to require compliance with a lapsed planning permission in the absence of a Ground (a) appeal or deemed application; the reasoning did not conclusively determine the existence of an extant permission, and binding authority precludes such variation.

Court Disposition

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

Orders

  • The Inspector's decision letter is quashed.
  • The matter is sent back to the Secretary of State for reconsideration.