Braun v First Secretary of State & Anor

Braun v First Secretary of State & Anor

The enforcement notice served was not sufficiently specific to encompass works carried out by predecessors in title; it was ambiguous and did not make plain that it was directed to all unauthorised works since listing. Therefore, the Inspector erred in treating it as such, and the High Court was correct to quash the...

Source-derived case information.

Parties
Respondent: Christian Braun; Appellant: First Secretary of State & Another
Jurisdiction
England and Wales
Judgment Date
20 May 2003
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Listed Building Enforcement, Retrospective Consent, Scope of Enforcement Notices, Appeals Under Planning (listed Buildings and Conservation Areas) Act 1990
Planning Law Heritage Law Listed Building Enforcement Retrospective Consent Scope of Enforcement Notices Appeals Under Planning (listed Buildings and Conservation Areas) Act 1990

Source-derived case record

Summary, issues, holding and outcome

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Parties

Christian Braun

Respondent

First Secretary of State & Another

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether enforcement action can be taken against current owners for unauthorised works carried out by predecessors since listing
  2. 2 Whether the enforcement notice in question was sufficiently specific to include works by predecessors
  3. 3 Proper interpretation of s38 and s39 of the Planning (Listed Buildings and Conservation Areas) Act 1990

Ratio Decidendi

The enforcement notice served was not sufficiently specific to encompass works carried out by predecessors in title; it was ambiguous and did not make plain that it was directed to all unauthorised works since listing. Therefore, the Inspector erred in treating it as such, and the High Court was correct to quash the decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Matter remitted to the Secretary of State for redetermination in light of the judgment