Trott v Broadland District Council

Trott v Broadland District Council

There was no breach of planning control because the revised condition 2 imposed by the Inspector did not require the land to be made available for the enjoyment of the residents of the flats; therefore, no injunction could be granted under section 187B of the Town and Country Planning Act 1990.

Parties
Appellant: Peter Colin Trott; Respondent: Broadland District Council
Jurisdiction
England and Wales
Judgment Date
17 March 2011
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Enforcement Notice, Planning Permission, Injunctions, Statutory Interpretation
Planning Law Administrative Law Enforcement Notice Planning Permission Injunctions Statutory Interpretation

Case Brief

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Parties

Peter Colin Trott

Appellant

Broadland District Council

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether there was a breach of planning control justifying an injunction under section 187B of the Town and Country Planning Act 1990
  2. 2 Whether the enforcement notice was a nullity or merely defective and capable of correction
  3. 3 Whether the requirements imposed by the Inspector were enforceable as conditions of planning permission

Ratio Decidendi

There was no breach of planning control because the revised condition 2 imposed by the Inspector did not require the land to be made available for the enjoyment of the residents of the flats; therefore, no injunction could be granted under section 187B of the Town and Country Planning Act 1990.

Court Disposition

Appeal allowed