Staffordshire County Council v Challinor & Anor

Staffordshire County Council v Challinor & Anor

Section 285(1) of the Town and Country Planning Act 1990 precludes any challenge to an enforcement notice on grounds that could have been raised on appeal, including reliance on a CLU. The existence of a CLU does not exempt activities from the effect of an enforcement notice if not raised on appeal. The inspector's construction of the CLU and the enforcement notice is final and cannot be reopened. The County Council is entitled to recover its expenses, and a permanent injunction is warranted due to flagrant and prolonged breaches.

Parties
Appellant: Staffordshire County Council; Respondent (1): Basil John Challinor; Respondent (2): Margaret Ann Robinson
Jurisdiction
England and Wales
Judgment Date
17 August 2007
Procedural Posture
Civil Appeal (with Related Criminal Appeal) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Enforcement Notice, Certificate of Lawful Use or Development (clu), Section 285 Town and Country Planning Act 1990, Section 191 Town and Country Planning Act 1990, Injunctions in Planning Control, Direct Action and Recovery of Expenses, Human Rights (echr)
Planning Law Administrative Law Enforcement Notice Certificate of Lawful Use or Development (clu) Section 285 Town and Country Planning Act 1990 Section 191 Town and Country Planning Act 1990 Injunctions in Planning Control Direct Action and Recovery of Expenses +1 more

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Parties

Staffordshire County Council

Appellant

Basil John Challinor

Respondent (1)

Margaret Ann Robinson

Respondent (2)

Procedural Posture

Civil Appeal (with Related Criminal Appeal) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether activities covered by a Certificate of Lawful Use (CLU) are exempt from the effect of a subsequent enforcement notice if not raised on appeal against the notice
  2. 2 Whether section 285(1) of the Town and Country Planning Act 1990 precludes reliance on a CLU in subsequent civil or criminal proceedings
  3. 3 Interpretation and effect of section 191(6) (conclusive presumption of lawfulness) in the context of enforcement action

Ratio Decidendi

Section 285(1) of the Town and Country Planning Act 1990 precludes any challenge to an enforcement notice on grounds that could have been raised on appeal, including reliance on a CLU. The existence of a CLU does not exempt activities from the effect of an enforcement notice if not raised on appeal. The inspector's construction of the CLU and the enforcement notice is final and cannot be reopened. The County Council is entitled to recover its expenses, and a permanent injunction is warranted due to flagrant and prolonged breaches.

Court Disposition

Appeal allowed

Orders

  • Permanent injunction granted against first defendant (Challinor) restraining use of land in breach of enforcement notice, with exceptions for certain activities as specified
  • Judgment entered against both defendants for £179,035.94, limited to the value of the estate as executors