Benson v The Secretary of State for Communities & Local Government & Anor [2018] EWHC 2354 (Admin) (18 September 2018)

Benson v The Secretary of State for Communities & Local Government & Anor [2018] EWHC 2354 (Admin) (18 September 2018)

The appeal fails because the appellant did not demonstrate continuous use of the annex as a self-contained dwelling for four years prior to the enforcement notice, and no procedural error or injustice occurred in the Inspector's refusal to admit late evidence. The Inspector's findings were supported by evidence and proper exercise of discretion.

Citation
[2018] EWHC 2354 (Admin)
Parties
Appellant: Juliette Benson; First Respondent: The Secretary of State for Communities & Local Government; Second Respondent: Hertsmere Borough Council
Jurisdiction
England and Wales
Judgment Date
18 September 2018
Procedural Posture
Appeal Under Section 289 Town and Country Planning Act 1990 / Judgment After Substantive Hearing
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice Appeals, Material Change of Use, Immunity From Enforcement, Procedural Fairness, Admission of Evidence
Administrative Law Planning Law Enforcement Notice Appeals Material Change of Use Immunity From Enforcement Procedural Fairness Admission of Evidence

Case Brief

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Parties

Juliette Benson

Appellant

The Secretary of State for Communities & Local Government

First Respondent

Hertsmere Borough Council

Second Respondent

Procedural Posture

Appeal Under Section 289 Town and Country Planning Act 1990 / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Planning Inspector erred in law by refusing to admit late evidence at the inquiry
  2. 2 Whether the appellant established immunity from enforcement by continuous use for four years
  3. 3 Whether procedural fairness was breached in the conduct of the inquiry

Ratio Decidendi

The appeal fails because the appellant did not demonstrate continuous use of the annex as a self-contained dwelling for four years prior to the enforcement notice, and no procedural error or injustice occurred in the Inspector's refusal to admit late evidence. The Inspector's findings were supported by evidence and proper exercise of discretion.

Court Disposition

Appeal dismissed

Orders

  • Inspector's decision upheld
  • Costs awarded against appellant