Cases - Trim v North Dorset District Council of Nordon
Record details
- Name
- Trim v North Dorset District Council of Nordon
- Date
- [2010]
- Citation
- EWCA Civ 1446
- Legislation
- Keywords
- Planning control
- Summary
-
Mr Trim built a house without planning permission. After the service of an enforcement notice he was granted retrospective planning permission subject to a condition restricting occupants to those working at or enjoying the facilities of proposed stables and a cross-country course. There was a related section 106 agreement that required the building of the stables and course within specified periods. Trim never complied with the condition and after 10 years applied for a certificate of lawful use. This was refused and a breach of condition notice was served. An appeal against the refusal of the certificate of lawful use was refused by a Planning Inspector on the basis that the condition could not come into effect until the equestrian facilities were built. About 18 months after service of the breach of condition notice, Trim sought a declaration that the notice was invalid. The Court of Appeal upheld the LPA's application to strike this out as an abuse of process. Carnwath LJ observed that:
'once a breach of condition notice is served, the person responsible has a choice ... he may seek judicial review promptly, or he may apply under section 73 for the authority to discharge the condition. If he does neither, he must accept the consequent uncertainty affecting his property. The "limbo" is entirely of his own making.'
Carnwath LJ also observed that the planning authority had no duty to prosecute, nor to assist Mr Trim to escape the consequence of his unlawful actions. Any future purchaser of the property will buy in the knowledge that the planning position is uncertain, and that a section 73 application may be needed to regularise it.