A Senghenydd landowner, who earlier this year succeeded in his Appeal Court dispute with Caerphilly County Borough Council over his right to deposit builder’s rubble on his land, has failed in a new court claim in which he alleged that the council had wrongly reflected his victory in the official Land Register.
Following this latest court action, Clive Payne is facing a legal bill totaling £2,303 in respect of costs incurred by the council.
In 2002, Payne won his judicial review challenge to the council’s failure to determine his application for the variation of conditions to a 1955 planning permission in respect of the former Universal & Windsor Colliery’s tipping ground on Nelson Road, Senghenydd.
But when the council implemented the effect of this judgment on the official Land Register, the entry under “conditions” stated that the boundaries of the site should be defined with reference to the 1955 permission.
Mr Payne returned to court, claiming that that entry was unlawful because the conditions attached to the 1955 permission had ceased to exist when his proposed conditions were upheld by the Court of Appeal.
Rejecting that claim, Maurice Kay J ruled that the entry complained of had never constituted a condition, but was merely a way of clarifying the precise area over which the permission applied.
Payne’s application Queen’s Bench Division (Maurice Kay J) 8 April 2003.
References: PLS News 8/4/03
