Sheath & Anor v Secretary Of State For Environment, Transport & Regions & Anor [2001] EWHC Admin 79 (5th February, 2001)

Sheath & Anor v Secretary Of State For Environment, Transport & Regions & Anor [2001] EWHC Admin 79 (5th February, 2001)

The Inspector was correct to find that the District Planning Officer's letter of 13 June 1989, acting within ostensible authority and relied upon by the developer, estopped the Council from enforcing condition (g) as a condition precedent; the construction of the house was therefore lawful and condition (c)...

Source-derived case information.

Citation
[2001] EWHC Admin 79
Parties
Applicant: Mr & Mrs Sheath; First Respondent: Secretary of State for the Environment, Transport and the Regions; Second Respondent: Mid Devon District Council
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Statutory Appeal (planning) / High Court Judgment on Appeal Under Section 288 Town and Country Planning Act 1990
Outcome
Appeal dismissed
Legal Topics
Lawful Development Certificates, Planning Conditions, Estoppel Against Public Authorities, Delegated Authority of Planning Officers, Enforcement of Planning Conditions
Planning Law Administrative Law Lawful Development Certificates Planning Conditions Estoppel Against Public Authorities Delegated Authority of Planning Officers Enforcement of Planning Conditions

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Parties

Mr & Mrs Sheath

Applicant

Secretary of State for the Environment, Transport and the Regions

First Respondent

Mid Devon District Council

Second Respondent

Procedural Posture

Judicial Review / Statutory Appeal (planning) / High Court Judgment on Appeal Under Section 288 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector erred in law in finding that the Council was estopped from enforcing condition (g) of the planning permission due to the District Planning Officer's letter
  2. 2 Whether the construction of the dwelling was lawful despite non-compliance with condition (g)
  3. 3 Whether condition (c) (agricultural occupancy) remains enforceable

Ratio Decidendi

The Inspector was correct to find that the District Planning Officer's letter of 13 June 1989, acting within ostensible authority and relied upon by the developer, estopped the Council from enforcing condition (g) as a condition precedent; the construction of the house was therefore lawful and condition (c) (agricultural occupancy) remains enforceable.

Court Disposition

Appeal dismissed

Orders

  • Secretary of State awarded costs, summary assessment at £6,000