Cases - R v Ealing London Borough Council, ex parte Zainuddain

Record details

Name

R v Ealing London Borough Council, ex parte Zainuddain

Date

[1995]; [1994]

Citation

JPL 925; 3 PLR 1

Keywords

Breach of condiion

Summary

Planning permission was granted for the erection of a mosque on condition that no religious or ceremonial buildings or acts of worship could take place on the site except within the building, and no part of the development could be occupied until the buildings were satisfactorily completed. The site was cleared and a foundation ceremony was attended by 500 people. £30,000 was spent on scaffolding and corrugated sheeting to completely envelop the gathering. The planning authority served a breach of condition notice complaining that both conditions had been broken.

The High Court quashed the notice. There was no breach of either condition. First, the structure could properly be described as a building, although not roofed. Second, occupied meant 'starting to use on a settled basis'.