Bedford Park Developments v Secretary of State for Levelling Up, Housing and Communities & Anor
[2024] EWHC 2337 (Admin)
Willoughby (610) Limited v Secretary of State for Levelling Up, Housing and Communities & Ors
13 October 2023
[2023] EWHC 2553 (Admin)
High Court
A pub got permission to add outdoor seating, but the permission required extra parking spaces. The pub owner is challenging this, saying there's enough parking nearby already. A judge agreed to hear the case.
Key Facts
- •Willoughby (610) Limited (Claimant) operates the Red Lion Pub in a conservation area.
- •Claimant erected unauthorized structures (containers) for outdoor seating.
- •Claimant sought retrospective planning permission and appealed non-determination.
- •Council issued an enforcement notice (EN).
- •Inspector allowed both appeals (s.78 appeal and EN appeal), granting planning permission.
- •Inspector imposed conditions requiring on-site car parking.
- •Claimant challenges the conditions, arguing no planning justification.
- •Defendant argues the claim is not justiciable as the appeals succeeded.
Legal Principles
Statutory review proceedings under s. 288 and appeals under s. 289 of the Town and Country Planning Act 1990.
Town and Country Planning Act 1990, s. 288 & s. 289
Scope of power under s.177(1)(a) to grant planning permission in enforcement appeals.
Town and Country Planning Act 1990, s. 177(1)(a); Bhandal v Secretary of State for Housing, Communities and Local Government [2020] EWHC 2724
Test for lawfulness of planning conditions: planning purpose, fair and reasonable relation to development, reasonableness.
Newbury District Council v Secretary of State for the Environment [1981] AC 578; National Planning Policy Framework, ¶55; National Planning Policy Guidance, paragraph 003
Outcomes
Permission granted to bring judicial review on grounds 1a and 2a (s.288 statutory review).
Inspector's imposition of on-site parking conditions not supported by findings; arguable lack of planning justification.
Permission granted to challenge the enforcement notice appeal decision on both limbs of grounds 1 and 2.
Inspector's findings do not disclose a need for on-site parking; condition arguably not fairly and reasonably related to development.
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