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

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

The Inspector failed to address the principal issue of whether the building operations fell outside permitted development rights under the GPDO, and did not provide adequate reasons for the decision as required by law.

Parties
Appellant: Germin Mohamed; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
05 December 2014
Procedural Posture
Planning Appeal Under S.289 TCPA 1990 / Judgment on Appeal Against Enforcement Notice
Outcome
Appeal allowed on the first ground only; matter remitted for redetermination.
Legal Topics
Enforcement Notice, Permitted Development, Planning Permission, Material Change of Use, Adequacy of Reasons
Planning Law Administrative Law Enforcement Notice Permitted Development Planning Permission Material Change of Use Adequacy of Reasons

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Parties

Germin Mohamed

Appellant

Secretary of State for Communities and Local Government

First Respondent

London Borough of Brent

Second Respondent

Procedural Posture

Planning Appeal Under S.289 TCPA 1990 / Judgment on Appeal Against Enforcement Notice

Legal Issues

  1. 1 Whether the Inspector adequately addressed the lawfulness of building operations under the GPDO
  2. 2 Whether the Inspector provided sufficient reasons for the decision
  3. 3 Whether the requirements of the enforcement notice were excessive

Ratio Decidendi

The Inspector failed to address the principal issue of whether the building operations fell outside permitted development rights under the GPDO, and did not provide adequate reasons for the decision as required by law.

Court Disposition

Appeal allowed on the first ground only; matter remitted for redetermination.

Orders

  • Matter remitted to Secretary of State for redetermination