Summary
On an appeal under section 289 of the Town and Country Planning Act 1990, the court reviews the legality of an inspector’s decision, not the planning merits. An inspector’s decision must give intelligible and adequate reasons on the principal important controversial issues, but need not address every argument or material consideration. Findings based on evidence and site inspection are matters of planning judgment unless legally irrational. On a ground (f) appeal, the court asks whether the enforcement steps exceed what is necessary to remedy the identified breach or resulting injury to amenity. Where the notice alleges a mixed agricultural and residential use, the decision-maker cannot grant permission for a different, purely agricultural use. The appeals were dismissed.
Factual background
The appellant appealed under section 289 of the Town and Country Planning Act 1990 against an inspector’s dismissal of appeals concerning two enforcement notices issued by Wealden District Council.
The first notice alleged a change from agricultural use to a mixed use involving the stationing of a caravan for residential purposes. The second alleged the erection of freestanding timber decking around the caravan. The inspector dismissed appeals under grounds (a), (b), (c), (f) and (g), where applicable, and refused planning permission.
Permission for the statutory appeal was limited to whether removal of the caravan and decking was necessary to remedy the breaches. The central issue was whether the inspector had erred in law in requiring those steps.
Held
The appeal was limited to ground (f). The appellant could not use the amended grounds to reopen the factual and planning-merits conclusions reached under grounds (a), (b) and (c).
The inspector’s decision was to be read fairly and as a whole. Her conclusions that the caravan was used mainly or solely for residential accommodation, and that there was no cogent evidence of an agricultural residential need, were findings open to her on the evidence and site visit. They involved planning judgment and disclosed no error of law.
The absence of a ground (f) appeal concerning the first notice was material. The inspector was not required to decide whether removal of the caravan exceeded what was necessary. In any event, the notice alleged a mixed agricultural and residential use. Permission could not properly be granted for retention of the caravan solely for agricultural purposes, because that was not the alleged breach requiring planning permission.
As to the decking, there was a ground (f) appeal. The inspector was entitled to find that the suggested reduced decking was insufficiently clear and precise to alter the notice. She was also entitled to conclude that, once the caravan was removed, the decking served no remaining purpose. Removal therefore did not exceed what was necessary to remedy the breach.
The inspector was required to consider what was necessary to remedy the breach, not lesser steps directed only to injury to amenity, because the notice proceeded on the former basis. There was no error of law in her approach. Both section 289 appeals were dismissed, and counsel were invited to draw up the appropriate order.
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Appellate history
- High Court (Administrative Court): The inspector’s dismissal of the appeals against both enforcement notices was upheld. The section 289 appeals were dismissed.
Key cases cited
19 authorities cited.
- Tesco Stores Limited v Dundee City Council (Scotland) [2012] UKSC 13
- South Bucks District Council and another (Respondents) v. Porter (FC) (Appellant) [2004] UKHL 33
- Tesco Stores Ltd v Secretary of State for the Environment [1995] 1 WLR 759
- Fox Strategic Land and Property Ltd. v Secretary of State for Communities and Local Government [2013] 1 P & CR 6
- South Oxfordshire District Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 1173 (Admin)
- Keenan v Woking Borough Council [2016] EWHC 427
- Miaris v Secretary of State for Communities And Local Government & Anor (Rev 1) [2015] EWHC 1564 (Admin)
- Bloor Homes East Midlands Ltd v Secretary of State for Communities and Local Government & Anor [2014] EWHC 754 (Admin)
- Sea Land Power & Energy Limited v Secretary of State for Communities and Local Government [2012] EWHC 1419 (QB)
- Cala Homes (South) Ltd v Secretary of State for Communities & Local Government (Rev 1) [2011] EWHC 97 (Admin)
- Newsmith Stainless Ltd v Secretary of State for the Environment, Transport and the Regions [2001] EWHC 74 (Admin)
- South Somerset District Council v The Secretary of State for the Environment (1993) 66 P & CR 80
- Horsham District Council v Secretary of State for the Environment and Margram Plc [1993] 1 PLR 81
- Kensington and Chelsea Royal LBC v Secretary of State for the Environment [1992] 2 P.L.R. 116
- North Wiltshire District Council v Secretary of State for the Environment [1992] 65 P & CR 137
- Wealden District Council v Secretary of State for the Environment [1988] 56 P & CR 286
- Simplex GE (Holdings) v Secretary of State for the Environment and Another [1988] 57 P & CR 306
- Gransden & Co Ltd v Environment Secretary [1987] 54 P & CR 86
- Seddon Properties v Secretary of State for the Environment (1981) 42 P & CR 26
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Cases citing this case
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