Bansal v Secretary of State for Housing, Communities And Local Government & Anor [2021] EWHC 1604 (Admin) (15 June 2021)

Bansal v Secretary of State for Housing, Communities And Local Government & Anor [2021] EWHC 1604 (Admin) (15 June 2021)

The Inspector was entitled to require affirmative evidence of continuous residential use of both flats for four years to establish immunity from enforcement; physical conversion and occupation of only one flat did not suffice; the Inspector's approach was consistent with binding authority and not irrational or legally erroneous.

Citation
[2021] EWHC 1604 (Admin)
Parties
Appellant: Rajesh Bansal; First Respondent: Secretary of State for Housing, Communities and Local Government; Second Respondent: London Borough of Hounslow
Jurisdiction
England and Wales
Judgment Date
15 June 2021
Procedural Posture
Planning Statutory Appeal Under Section 289(1) Town and Country Planning Act 1990 / Judgment on Appeal From Inspector's Decision
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Material Change of Use, Continuous Use, Immunity From Enforcement, Residential Conversion, Statutory Interpretation
Planning Law Administrative Law Enforcement Notice Material Change of Use Continuous Use Immunity From Enforcement Residential Conversion Statutory Interpretation

Case Brief

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Parties

Rajesh Bansal

Appellant

Secretary of State for Housing, Communities and Local Government

First Respondent

London Borough of Hounslow

Second Respondent

Procedural Posture

Planning Statutory Appeal Under Section 289(1) Town and Country Planning Act 1990 / Judgment on Appeal From Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector erred in law in dismissing the appeal against the enforcement notice for lack of continuous use as two flats for four years
  2. 2 Whether physical conversion alone is sufficient to establish continuous use for immunity under section 171B(2) TCPA 1990

Ratio Decidendi

The Inspector was entitled to require affirmative evidence of continuous residential use of both flats for four years to establish immunity from enforcement; physical conversion and occupation of only one flat did not suffice; the Inspector's approach was consistent with binding authority and not irrational or legally erroneous.

Court Disposition

Appeal dismissed