Chesterton Commercial (Bucks) Ltd v Wokingham District Council [2018] EWHC 1795 (Admin) (13 July 2018)

Chesterton Commercial (Bucks) Ltd v Wokingham District Council [2018] EWHC 1795 (Admin) (13 July 2018)

Section 70C(1) was engaged because granting planning permission for the balcony would have involved granting permission for part of the matters specified in the enforcement notice. The claimant had the opportunity to have the planning merits considered during the enforcement appeal but did not avail itself of it. The defendant's exercise of discretion to decline to determine the application was lawful and consistent with the statutory purpose of preventing repeated consideration of substantially the same development.

Citation
[2018] EWHC 1795 (Admin)
Parties
Claimant: Chesterton Commercial (Bucks) Limited; Defendant: Wokingham District Council
Jurisdiction
England and Wales
Judgment Date
13 July 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Enforcement Notice, Retrospective Planning Permission, Section 70 C Town and Country Planning Act 1990, Discretion to Decline Determination, Green Belt Development, Judicial Review of Planning Decisions
Planning Law Administrative Law Enforcement Notice Retrospective Planning Permission Section 70 C Town and Country Planning Act 1990 Discretion to Decline Determination Green Belt Development Judicial Review of Planning Decisions

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Parties

Chesterton Commercial (Bucks) Limited

Claimant

Wokingham District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether section 70C of the Town and Country Planning Act 1990 was engaged on the facts
  2. 2 Whether the defendant's refusal to consider the claimant's application for planning permission was a lawful exercise of discretion

Ratio Decidendi

Section 70C(1) was engaged because granting planning permission for the balcony would have involved granting permission for part of the matters specified in the enforcement notice. The claimant had the opportunity to have the planning merits considered during the enforcement appeal but did not avail itself of it. The defendant's exercise of discretion to decline to determine the application was lawful and consistent with the statutory purpose of preventing repeated consideration of substantially the same development.

Court Disposition

Application for judicial review dismissed

Orders

  • The application for judicial review is dismissed.