James Turner v Secretary of State for Levelling Up, Housing and Communities & Anor

James Turner v Secretary of State for Levelling Up, Housing and Communities & Anor

Permission to appeal is granted on grounds 1 and 2 (service and prejudice), and on ground 4 (costs) in case grounds 1 and 2 succeed. Permission is refused on ground 3 (date for ground (b) appeal) as the statutory context and case law confirm that ground (b) is past tense and not limited to the date of issue.

Parties
Applicant: James Turner; First Respondent: Secretary of State for Levelling Up, Housing and Communities; Second Respondent: Buckinghamshire Council
Jurisdiction
England and Wales
Judgment Date
28 February 2025
Procedural Posture
Judicial Review (planning Appeal) / Permission to Appeal Decision
Outcome
Permission to appeal granted in part
Legal Topics
Enforcement Notice Service, Grounds of Appeal Under TCPA 1990, Substantial Prejudice, Planning Unit Definition, Costs in Planning Appeals
Planning Law Administrative Law Enforcement Notice Service Grounds of Appeal Under TCPA 1990 Substantial Prejudice Planning Unit Definition Costs in Planning Appeals

Case Brief

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Parties

James Turner

Applicant

Secretary of State for Levelling Up, Housing and Communities

First Respondent

Buckinghamshire Council

Second Respondent

Procedural Posture

Judicial Review (planning Appeal) / Permission to Appeal Decision

Legal Issues

  1. 1 Whether enforcement notice was properly served on occupiers under TCPA 1990
  2. 2 Whether occupiers were substantially prejudiced by lack of service
  3. 3 Correct date for assessment under ground (b) appeal

Ratio Decidendi

Permission to appeal is granted on grounds 1 and 2 (service and prejudice), and on ground 4 (costs) in case grounds 1 and 2 succeed. Permission is refused on ground 3 (date for ground (b) appeal) as the statutory context and case law confirm that ground (b) is past tense and not limited to the date of issue.

Court Disposition

Permission to appeal granted in part

Orders

  • Permission to appeal granted on grounds 1 and 2
  • Permission to appeal granted on ground 4 (costs)