Turner v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 2815 (Admin) (31 October 2025)

Turner v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 2815 (Admin) (31 October 2025)

Affixing the enforcement notice to the entrance gates of the appeal site constituted valid service on occupiers under s.329(2) of the Town and Country Planning Act 1990; the premises for service is the land to which the notice relates, not individual rented compounds; no substantial prejudice was suffered by...

Source-derived case information.

Citation
[2025] EWHC 2815 (Admin)
Parties
Appellant: James Turner; First Respondent: Secretary of State for Housing, Communities and Local Government; Second Respondent: Buckinghamshire Council
Jurisdiction
England and Wales
Judgment Date
31 October 2025
Procedural Posture
Planning Appeal Under S.289 Town and Country Planning Act 1990 / High Court Appeal From Inspector's Decision
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice Service Requirements, Statutory Interpretation of 'premises', Substantial Prejudice Under S.176(5), Costs in Planning Appeals
Planning Law Administrative Law Enforcement Notice Service Requirements Statutory Interpretation of 'premises' Substantial Prejudice Under S.176(5) Costs in Planning Appeals

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Summary, issues, holding and outcome

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Parties

James Turner

Appellant

Secretary of State for Housing, Communities and Local Government

First Respondent

Buckinghamshire Council

Second Respondent

Procedural Posture

Planning Appeal Under S.289 Town and Country Planning Act 1990 / High Court Appeal From Inspector's Decision

Legal Issues

  1. 1 Whether service of enforcement notice by affixing to entrance gates constitutes service on occupiers under s.329(2) Town and Country Planning Act 1990
  2. 2 Whether occupiers were substantially prejudiced by any failure to serve enforcement notice
  3. 3 Whether refusal to award costs to appellant was lawful

Ratio Decidendi

Affixing the enforcement notice to the entrance gates of the appeal site constituted valid service on occupiers under s.329(2) of the Town and Country Planning Act 1990; the premises for service is the land to which the notice relates, not individual rented compounds; no substantial prejudice was suffered by occupiers due to lack of service, as they had opportunity to participate and no evidence of substantive difference was shown.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on all grounds
  • No costs awarded to appellant