Cases - R (Rapose) v Wandsworth London Borough Council
Record details
- Name
- R (Rapose) v Wandsworth London Borough Council
- Date
- [2010]
- Citation
- EWHC 3126 (Admin)
- Legislation
- Keywords
- Enforcement notice
- Summary
-
In this case, the claimant erected 3-storey side and rear extensions to a house without planning permission. The LPA served an enforcement notice requiring the removal of the extensions, but subsequently granted planning permission for the erection of a building (for a restaurant and 6 flats) incorporating the unlawful extensions within it and subject to certain conditions. This new development was never commenced and so the LPA resolved to enter and carry out the works required by the enforcement notice.
It was held that the enforcement notice was of no effect as section 180 of the Town and Country Planning Act 1990 (which provides that an enforcement notice ceases to have effect in so far as it is inconsistent with a subsequent grant of planning permission) does not stipulate that the site in respect of which planning permission is granted must be the same as the site in respect of which enforcement action had been taken. So far as the unlawful building is subsumed within the planning permission, the enforcement notice cannot operate. But the judge observed that a breach of condition notice could be served in respect of conditions in the planning permission that had not been complied with.