The High Court has ruled that a DETR inspector was wrong to set aside an enforcement notice issued by Runnymede Borough Council for unauthorised development by Ascot Wood Ltd on land at Virginia Water.
The inspectors decision last May allowed the construction of a single garage and domestic store on land at “Longcroft”, Portnall Rise, Wentworth and set aside an enforcement notice issued by the council relating to the unauthorised erection of a dwelling-house and swimming pool together with garages and storage space on the site.
The council challenged the inspector’s decision on the ground that the enforcement notice should have been upheld in part.
Giving judgment in favour of the council, Deputy Judge Nigel Macleod QC said the inspector failed to consider an option that the council had put forward that would have resulted in consent being granted for the swimming pool and garage in the reduced form permitted by a 1998 consent.
Runnymede Borough Council v Secretary of State for the Environment, Transport and the Regions and another Queens Bench Division: Administrative Court (Nigel McLeod QC, sitting as a deputy judge of the division) 13 November 2000.
Michael Druce (instructed by the solicitor to Runnymede Borough Council) appeared for the claimants; Nathalie Lieven (instructed by the Treasury Solicitor) appeared for the first defendant; Eian Caws (instructed by Finers Stephens Innocent) appeared for the second defendant, Ascot Wood Ltd.
PLS News 15/11/00
