Enforcement challenge to Barn, Melton

Richard Buxton Solicitors brought successful judicial review proceedings on behalf of a local resident who had converted his barn into family accommodation and lived in it for 12 years. Melton Borough Council served a breach of condition notice (BCN) under s187A arguing he had deliberately concealed the conversion and therefore the usual enforcement time limit does not apply.

Our client received planning permission in 2011 to use the building for agricultural purposes. It was accepted he was living in it in breach of planning permission, but it was also accepted by the Council that he had been doing so for more than 10 years without concealment. We proved that the Council had been aware of this since at least 2016.

We challenged the validity of the BCN on the following grounds:

(1) the ten-year enforcement period had expired;

(2) the red line plan attached to the BCN specifies a parcel of land which is some 140m to the east of the Claimant’s land, which is not under the Claimant’s ownership or control. This is a fatal legal defect in the notice;

(3) in issuing the BCN, the Council failed to have due regard to the public sector equality duty in s.149 of the Equality Act 2010 despite the Council being made specifically aware of the Claimant and his son’s disability (ASD) prior to the issuing of the BCN, and despite the obvious effect the decision would have on them both as a result of their protected characteristics;

(4) in issuing the BCN, the Council failed to consider the best interests or wellbeing of the Claimant’s young grandchildren as a primary consideration, contrary to its duty under s.11 of the Children Act 2004. On being served with the claim the Council indicated they would withdraw the BCN and offer no defence.

The Council withdrew the BCN, and on 12 October 2023 the Court ordered the Council to pay our costs.

Alex Shattock, Landmark Chambers, was instructed.