Fidler v Secretary of State for Communities and Local Government

Fidler v Secretary of State for Communities and Local Government

The Inspector was entitled to find that the erection and removal of the straw bales, used to conceal the dwelling, formed part of the totality of the building operations. Substantial completion did not occur until the straw bales were removed in July 2006. Therefore, the four year period for enforcement had not expired when the notice was issued in February 2007, and the appeal fails.

Parties
Appellant: Robert Fidler; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Reigate and Banstead Borough Council
Jurisdiction
England and Wales
Judgment Date
03 February 2010
Procedural Posture
Statutory Appeal Under Section 289 of the Town and Country Planning Act 1990 / High Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Four Year Rule, Substantial Completion, Building Operations, Statutory Interpretation
Planning Law Administrative Law Enforcement Notice Four Year Rule Substantial Completion Building Operations Statutory Interpretation

Case Brief

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Parties

Robert Fidler

Appellant

Secretary of State for Communities and Local Government

First Respondent

Reigate and Banstead Borough Council

Second Respondent

Procedural Posture

Statutory Appeal Under Section 289 of the Town and Country Planning Act 1990 / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the erection and removal of straw bales used to conceal a dwelling formed part of the building operations for the purposes of the four year rule under section 171B of the Town and Country Planning Act 1990
  2. 2 Whether the Inspector erred in law in determining the date of substantial completion for enforcement purposes

Ratio Decidendi

The Inspector was entitled to find that the erection and removal of the straw bales, used to conceal the dwelling, formed part of the totality of the building operations. Substantial completion did not occur until the straw bales were removed in July 2006. Therefore, the four year period for enforcement had not expired when the notice was issued in February 2007, and the appeal fails.

Court Disposition

Appeal dismissed