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England and Wales decisions
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The Court of Appeal held that section 70C of the Town and Country Planning Act 1990 can apply to prospective applications where a pre-existing enforcement notice covers the same breach.
Moran, R (On the Application Of) v Medway Council [2026] EWCA Civ 484 (17 April 2026)
The Court of Appeal held that section 70C of the Town and Country Planning Act 1990 applied and Medway Council lawfully declined to determine the planning application.
Moran, R (On the Application Of) v Medway Council [2025] EWHC 350 (Admin) (20 February 2025)
Judicial review of Medway Council’s use of section 70C to decline a planning application failed. The court held the power was lawfully exercised and no mandatory factors were omitted.
The Court of Appeal upheld refusal of planning permission, holding the dwelling was not a building for agriculture and that no agricultural occupancy condition needed to be considered.
Hook v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1) [2020] EWCA Civ 486 (03 April 2020)
Court of Appeal upheld dismissal of a planning statutory review, holding the inspector was entitled to find a dwelling was not a building for agriculture in the Green Belt.
The High Court quashed planning permission for a barn conversion after finding the council failed to properly consider noise policy and future impacts on quarry operations.
Banghard, R (on the application of) v Bedford Borough Council [2017] EWHC 2391 (Admin) (29 September 2017)
The High Court held that Bedford Borough Council could not use s.70C TCPA to decline a storage-use application where the enforcement notice concerned a dwelling house.
The High Court dismissed a judicial review of a council’s refusal to determine a retrospective planning application under section 70C of the Town and Country Planning Act 1990.
Martin-Sklan, R (on the application of) v London Borough of Barnet [2010] EWHC 2482 (Admin) (13 August 2010)
The High Court held Barnet acted ultra vires in building a playground without proper authority or planning permission. It ordered removal, restoration, and fencing pending removal.
The High Court held Barnet acted beyond its powers in building a children’s playground without proper authority or planning permission and ordered removal and restoration.
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