Stern, R (on the application of) v Horsham District Council [2013] EWHC 1460 (Admin) (01 May 2013)

Stern, R (on the application of) v Horsham District Council [2013] EWHC 1460 (Admin) (01 May 2013)

Section 174(2)(e) must be interpreted narrowly so that failure to serve an enforcement notice within the time required by section 172(3) is not precluded from challenge by section 285; thus, the claimant can challenge the validity of the notices by judicial review, and as the council's breach was a substantial cause of prejudice, the notices are quashed.

Citation
[2013] EWHC 1460 (Admin)
Parties
Claimant: Stern; Defendant: Horsham District Council
Jurisdiction
England and Wales
Judgment Date
01 May 2013
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed; enforcement notices quashed; claimant awarded costs.
Legal Topics
Enforcement Notice Validity, Statutory Interpretation, Right of Appeal, Article 6 ECHR, Judicial Review of Local Authority Decisions
Administrative Law Planning Law Human Rights Enforcement Notice Validity Statutory Interpretation Right of Appeal Article 6 ECHR Judicial Review of Local Authority Decisions

Case Brief

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Parties

Stern

Claimant

Horsham District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether enforcement notices served late under section 172(3) Town and Country Planning Act 1990 are invalid and can be challenged by judicial review
  2. 2 Whether section 285 precludes such a challenge
  3. 3 Whether the council's refusal to withdraw and reissue the notices was unlawful

Ratio Decidendi

Section 174(2)(e) must be interpreted narrowly so that failure to serve an enforcement notice within the time required by section 172(3) is not precluded from challenge by section 285; thus, the claimant can challenge the validity of the notices by judicial review, and as the council's breach was a substantial cause of prejudice, the notices are quashed.

Court Disposition

Claim allowed; enforcement notices quashed; claimant awarded costs.

Orders

  • The two enforcement notices are quashed.
  • The claimant is awarded his costs without apportionment.