GPS Estates Ltd v Secretary of State for Communities And Local Government
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE COLLINS
Areas of Law
- Administrative Law
- Civil Procedure
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
This case involved an appeal against an Enforcement Notice issued by Luton Borough Council for unauthorized airport-related parking. The Enforcement Notice was originally upheld by an Inspector. The Inspector's decision was appealed, arguing several points, such as the applicability of local policies and the long-term need for parking due to increasing passenger numbers at Luton Airport. The court found that the Inspector had made errors of law, particularly in applying policy LLA2, and remitted the matter for reconsideration. Key legal principles included the applicability of Local Policies, requirements for demonstrating long-term needs, and the allowance for grounds to be raised on appeal even if not previously argued.
J U D G M E N T
1. MR JUSTICE COLLINS: This is an appeal against the decision of an Inspector who upheld an Enforcement Notice which had been issued on 24 July 2012 against the Appellants. The notice in question was issued by Luton Borough Council and the breach of planning control was the unauthorised use of a site for open airport-related parking and vehicles. There were spaces for 200 such vehicles.
2. Permission to appeal was granted by Lang J on 17 October 2013. It was subject to an application to amend the grounds of appeal and the learned judge decided that that application should be made to and considered by the judge who tried the appeal.
3. Mr Whale, who appeared on behalf of the Respondent, the Secretary of State, did not seek to argue against the amendment since, as he accepted, he could deal with the appeal as amended and he could argue if necessary that the Appellant was not entitled to rely on grounds which had not been raised before the Inspector. I do not need to make any final decision on that point, although I will refer to it later in this judgment.
4. The airport in question, to which the notice referred, is Luton Airport. The reasons for issuing the notice are of importance and they read as follows:
"It appears to the council that the above breach of planning control has occurred within the last ten years."
5. There is no issue about that. It goes on:
" . . . Policy LLA2 of the Luton Plan (2001 to 2011) states that planning permission for airport related car-parking will not be supported unless it is on a designated site or within the parameters of London Luton airport.
In March 2006, pursuant to Local Plan Policy KR1, the council approved an outline proposal to redevelop a very large site near the airport (the mostly redundant Vauxhall Plant) known as the Napier Park Scheme. It included provision of an area for 5,000 off-airport car parking spaces and these spaces are expected to provide a considerable contribution to meeting the projected airport parking needs until approximately 2015 to 2030.
The current use of the site is therefore contrary to provisions within Local Plan Policies LLA2 and KR1 on the grounds that it cannot meet all the conditions set out in the Local Plan."
6. An argument was raised as to the applicability of those policies on the basis that the plan was not entirely up-to-date and, therefore, the NPPF was to be applied. It was not accepted by the Inspector and, indeed, I am entirely satisfied that