Cash v Secretary of State for Communities and Local Government & Anor

Cash v Secretary of State for Communities and Local Government & Anor

The inspector's decisions were within statutory powers, his approach to service of the enforcement notice, assessment of flood risk, ecological harm, temporary planning permission, and affordable housing were not flawed or Wednesbury unreasonable. Any defect in service caused no substantial prejudice. The applications for judicial review and permission to appeal are dismissed.

Parties
Appellant: Felix Cash; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Wokingham District Council
Jurisdiction
England and Wales
Judgment Date
22 October 2012
Procedural Posture
Judicial Review and Statutory Appeal / Judgment on Applications for Judicial Review and Permission to Appeal
Outcome
Applications dismissed; leave to appeal refused on all grounds.
Legal Topics
Enforcement Notices, Planning Permission, Service of Notices, Flood Risk, Ecological Harm, Temporary Planning Permission, Affordable Housing
Planning Law Administrative Law Enforcement Notices Planning Permission Service of Notices Flood Risk Ecological Harm Temporary Planning Permission +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Felix Cash

Appellant

Secretary of State for Communities and Local Government

First Respondent

Wokingham District Council

Second Respondent

Procedural Posture

Judicial Review and Statutory Appeal / Judgment on Applications for Judicial Review and Permission to Appeal

Legal Issues

  1. 1 Whether the inspector's decision on enforcement notices and planning permission was within statutory powers
  2. 2 Whether service of the second enforcement notice on occupiers was legally sufficient
  3. 3 Whether the inspector's assessment of flood risk and ecological harm was flawed

Ratio Decidendi

The inspector's decisions were within statutory powers, his approach to service of the enforcement notice, assessment of flood risk, ecological harm, temporary planning permission, and affordable housing were not flawed or Wednesbury unreasonable. Any defect in service caused no substantial prejudice. The applications for judicial review and permission to appeal are dismissed.

Court Disposition

Applications dismissed; leave to appeal refused on all grounds.