Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Ors
[2024] EWHC 2458 (Admin)
Drewey Ambrose Price & Anor v South Cambridgeshire District Council
9 February 2024
[2024] EWHC 238 (Admin)
High Court
A council issued a notice to caravan site owners but didn't properly deliver it. The owners challenged this, and the court said the council's service was likely flawed, and its refusal to fix the mistake was unreasonable. The court will hear the case fully later.
Key Facts
- •South Cambridgeshire District Council issued an enforcement notice (the Notice) to Mr Drewey Ambrose Price and Mr James Matthew Ball regarding their caravan site.
- •The Claimants allege inadequate service of the Notice, claiming they didn't receive it until February 2023, despite it being issued in December 2022.
- •The Claimants challenged the Council's refusal to withdraw the Notice.
- •The Council argues lawful service and that the Claimants failed to appeal within the statutory timeframe.
- •The Claimants contend the Council's failure to withdraw the Notice was irrational and procedurally unfair.
Legal Principles
Power to issue enforcement notices
Town and Country Planning Act 1990 (TCPA 1990), section 172
Provisions for service of notices
TCPA 1990, section 329
Time limits for judicial review applications under the Planning Acts
CPR 54.5(5)
Outcomes
Permission granted to challenge the enforcement notice on grounds of inadequate service (Ground 1).
The method of service (attaching notices to a gate) was arguably inadequate under section 329 of the TCPA 1990, given the known addresses of the Claimants and the number of separate plots involved.
Permission granted to challenge the Council's refusal to withdraw the notice (Ground 2).
Given the Claimants' history of engaging with the planning process, and the Council's awareness of the lack of service, the refusal to withdraw and re-serve was arguably irrational and procedurally unfair.
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