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      • Retail and Residential Development Wroughton, Wiltshire
      • Multi Use Gaming Area, Witney, Oxfordshire
      • Commercial Premises Expansion
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    • Equestrian Projects >
      • Equestrian project with restaurant, Addington, Buckinghamshire
      • Equestrian Indoor Arena, West Wellow, Hampshire
      • Goosey Stables
      • Goosey Stables 2
      • Indoor Equestrian Arena Durley
      • Equestrian Facility Plans
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      • Listed Thatched Cottage in East Hendred
      • West Hanney Listed Building
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      • Staines Old Fire Station
      • Buscot Park Renewable Heating Project
    • Domestic Alterations >
      • Ménage extension, Mortimer, Reading
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      • Change of Use Weston on the Green
      • Renovation of The Old Schoolhouse
      • Barn Change of Use Chalgrove
      • 2 Ancillary Outbuildings Near Witney
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NEWS

Section 70C of the Act clarified in high court case

1/11/2019

 
​A recent high court case clarified the application and scope of Section 70C of the Town and Country Planning Act 1990, which covers the power to decline determining a planning application.
​

In Chesterton v Wokingham BC [2018] EWHC 1795 (Admin), the High Court (Upper Tribunal Judge Martin Rodger QC) examined if the local authority Wokingham District Council had properly exercised its discretion under section 70C of the Town and Country Planning Act 1990. 
Section 70C involves declining to determine an application if to do so might grant planning permission for the whole or any part of a matter identified as a breach of planning control in a pre-existing enforcement notice. This provision’s objective is to avoid delay in enforcement by making sure that the merits of unauthorised development are only considered once, which would be in an appeal against the enforcement notice.

In this High Court case, the Claimant exercised his right to such an appeal against an enforcement notice. The notice was issued against a complex with a new boathouse and garage in Chesterton. These were connected together by a single-storey link building.

The enforcement notice was upheld but was changed to require only the removal of the link building. Planning permission was refused under the deemed application provision of Section 117(5). Then, the Wokingham Borough Council declined to determine the Claimant’s latter planning application, involved the creation of a balcony to link the boathouse and garage.

The Claimant argued the reliance on the power was unlawful where there was a material difference between the development proposed in the new application and the matter enforced against as the proposed development may give rise to different planning considerations than the ones used in the appeal against the enforcement notice.

However, this submission was rejected on four grounds. UTJ Martin Rodgers accepted the arguments from the Council. The judge ruled that the breach specified in the enforcement notice is what matters. Section 70C is concerned with the existence of similarities between two developments and not the existence of differences. 

The statutory purpose was to prevent tactical appeals. The Claimant had failed to raise the proposal that he now sought permission for during the enforcement appeal. The judge commented: “the applicant cannot have multiple ‘bites at the cherry’, but nor can he decline the cherry when it is available to be bitten, and insist on biting it on a later occasion”.

The claimant heavily relied on the case of R (Banghard) v Bedford Borough Council [2017] EWHC 2391 (Admin), which was distinguished on its facts. Here, permission was sought for a storage unit, and the matter enforced against was the erection of a dwelling. 

On whether or not the discretion is available to an LPA is a matter of judgement and requires a comparison between two documents. This case is an important assessment of Section 70C and is helpful to LPAs hoping to curb the tactical use of new applications to dodge complying with enforcement notices.
Download Judgement Here

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  • Home
  • About Us
    • Meet the Team
    • The role of a Planning Consultant
    • How we work
    • Terms & Conditions
    • Insurance & Legals
  • Services
    • Site Appraisals
    • Pre-Applications
    • Planning Strategy
    • Planning Applications
    • Land Promotion
    • Barn Conversions
    • Heritage Projects
    • Professional Objections
    • Appeals
  • Projects
    • Barn Conversions >
      • Class Q, Newbury, Berkshire
      • Full Planning Permission, Blewbury, Oxfordshire
      • Full Planning Permission, Corsham
      • Class Q, Wootton Fields Farm Barn
      • Class Q, Royal Wootton Bassett Big Barn
      • Class Q, Gainfield, Faringdon
      • Class Q, Granborough, Aylesbury Vale
      • Full Planning Permission, Ampney Crucis, Cotswolds
    • Self-Build Projects >
      • Replacement Dwelling, Cotswolds
      • Garden Subdivision, Baughurst
      • Brownfiled Subdivision, Stadhampton
      • Barn Restoration, Chalgrove
      • Wantage, Agricultural Dwelling
      • The Riverbank, Windsor
      • Innovative green roofed self build, Gerrards Cross
      • Collingbourne-Ducis (in Conservation Area)
      • Wantage AONB
      • All Cannings Plot Subdivision
      • Barn-Like Dwelling, Didcot
      • Drayton Mill
      • Hillgreen AONB
      • Broad Town Swindon
      • South Cerney
      • New Dwelling, The Ridings, Oxford (Green Belt)
    • Large Developments >
      • Stanton St Quintin - 17 Units
      • East Sussex, 40 Dwellings
      • Staines Old Fire Station
      • Stadhampton 14 Units
      • Blackheath Station Car Park Redevelopment
      • Lydiard Millicent 9 Units
      • Bedfordshire, 21 dwellings
      • Shabbington 15 Units
      • Stadhampton 21 dwellings
    • Small Developments >
      • Abingdon, 2 dwellings
      • Little Milton 5 Units, Oxfordshire
      • Harwell 4 Dwellings
      • Little Chalfont Replacement Dwelling
      • Granborough Replacement Dwelling
      • Oxford 4 Dwellings
      • Camberley 2 Dwellings
      • Peterborough 3 Dwellings
      • Sutton Courtenay 3 Dwellings
      • Brightwalton 3 Dwellings
      • Wiltshire 4 Units
    • Strategic Land >
      • Clevedon, North Somerset
      • Stourport, Worcestershire 60-70 Units
      • Earlswood, West Midlands - Green Belt Release
      • Taunton, Land south of
      • Troon, Cornwall
      • Wythall, Birmingham
      • Various Co-op Disposals
      • Shurdington, Cheltenham
    • Commercial Projects >
      • Retail and Residential Development Wroughton, Wiltshire
      • Multi Use Gaming Area, Witney, Oxfordshire
      • Commercial Premises Expansion
      • Ducklington Office Space
    • Equestrian Projects >
      • Equestrian project with restaurant, Addington, Buckinghamshire
      • Equestrian Indoor Arena, West Wellow, Hampshire
      • Goosey Stables
      • Goosey Stables 2
      • Indoor Equestrian Arena Durley
      • Equestrian Facility Plans
    • Heritage Projects >
      • Blewbury, Oxfordshire
      • Listed Thatched Cottage in East Hendred
      • West Hanney Listed Building
      • Stanford in the Vale Listed Building
      • Staines Old Fire Station
      • Buscot Park Renewable Heating Project
    • Domestic Alterations >
      • Ménage extension, Mortimer, Reading
      • Kintbury, Hungerford, RG17
      • Change of Use Weston on the Green
      • Renovation of The Old Schoolhouse
      • Barn Change of Use Chalgrove
      • 2 Ancillary Outbuildings Near Witney
  • Sites for sale
    • Abingdon, Oxfordshire, OX14
    • Blewbury, Oxfordshire, OX11
    • Ball Hill, Newbury, Hampshire, RG20
    • Manningford Bruce, Pewsey, Wiltshire
    • Wantage, Oxfordshire, OX12
    • Sites Sold >
      • Royal Wootton Bassett, Wiltshire, SN4
      • Royal Wootton Bassett, Wiltshire, SN4
      • Bishopswood, Baughurst, RG26
      • Maulden, Bedfordfordshire, MK45 2AE
      • Stadhampton, Oxfordshire, OX10
  • News
  • Advice
    • The role of a Planning Consultant
    • Demolition and planning permission
    • Class Q Barn Conversions
    • About the AONB
    • Community Infrastructure Levy (CIL) >
      • What is Chargeable Floorspace
    • Planning App Fees
    • Interactive Green Belt Map
    • Speaking at planning committee
    • Flooding: Sequential and Exception Tests
    • Keeping your planning permission alive
  • Contact
  • Jobs
  • Events