Gurvits & Anor v Secretary of State for Levelling Up, Housing And Communities [2024] EWHC 490 (Admin) (06 March 2024)

Gurvits & Anor v Secretary of State for Levelling Up, Housing And Communities [2024] EWHC 490 (Admin) (06 March 2024)

The Inspector's findings regarding the use of the outbuildings prior to 2017 were supported by the totality of the evidence, including oral evidence at the inquiry. The Inspector did not err in law by failing to accept the written evidence as unchallenged, nor was his reasoning irrational or inadequate. Consideration of permitted development rights was not material to the outcome. The amendment to the enforcement notice did not unlawfully abrogate lawful use rights and was consistent with the Mansi principle. The appeal is dismissed.

Citation
[2024] EWHC 490 (Admin)
Parties
Appellant: Esther Gurvits; Appellant: Joseph Gurvits; First Respondent: Secretary of State for Levelling Up, Housing and Communities; Second Respondent: London Borough of Barnet
Jurisdiction
England and Wales
Judgment Date
06 March 2024
Procedural Posture
Statutory Appeal Under Section 289 Town and Country Planning Act 1990 / High Court Appeal From Inspector's Decision on Enforcement Notice
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Material Change of Use, Permitted Development Rights, Planning Unit, Judicial Review Grounds, Adequacy of Reasons
Planning Law Administrative Law Enforcement Notice Material Change of Use Permitted Development Rights Planning Unit Judicial Review Grounds Adequacy of Reasons

Case Brief

Summary, issues, holding and outcome

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Parties

Esther Gurvits

Appellant

Joseph Gurvits

Appellant

Secretary of State for Levelling Up, Housing and Communities

First Respondent

London Borough of Barnet

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Inspector failed to have regard to material evidence regarding use of outbuildings prior to 2017
  2. 2 Whether the Inspector took into account an immaterial consideration regarding permitted development rights
  3. 3 Whether the amendment to the enforcement notice was unlawful or irrational under the Mansi principle

Ratio Decidendi

The Inspector's findings regarding the use of the outbuildings prior to 2017 were supported by the totality of the evidence, including oral evidence at the inquiry. The Inspector did not err in law by failing to accept the written evidence as unchallenged, nor was his reasoning irrational or inadequate. Consideration of permitted development rights was not material to the outcome. The amendment to the enforcement notice did not unlawfully abrogate lawful use rights and was consistent with the Mansi principle. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The enforcement notice as varied by the Inspector is upheld.