The requirement for an application for a plans certificate to be made before work on a project has begun has been emphasised in a new High Court ruling.
The court has upheld Bedfordshire Borough Council’s refusal to grant a retrospective certificate for the construction of a mezzanine floor at unit 1 Interchange Retail Park, Ampthill Road, Kempston.
The council took the view that Butler & Young Ltd had failed to comply with the requirements of the Building Act 1984 because it did not submit a notice seeking a plans certificate until after the work had started. The council therefore did not respond to the notice and refused to issue a plans certificate.
Butler & Young challenged the council’s actions, claiming, among other things, that an initial notice could be submitted retrospectively. However, Collins J yesterday rejected that contention.
The judge found that, on a proper construction of the legislation, it was clear that the Act did not permit initial notices to be submitted after works had substantially commenced.
He held that, in those circumstances, the council had been under no obligation to respond to the late notice and had been entitled to refuse to issue the plans certificate.
Butler & Young Ltd v Bedford Borough Council Queen’s Bench Division (Collins J) 20 May 2003.
David Mitchell (instructed by Pardoes, of Bridgwater) appeared for the claimant; Ranjit Bhose (instructed by the solicitor to Bedford Borough Council) appeared for the defendants.
References: PLS News 21/5/03
