Brent London Borough Council v Secretary of State for Communities and Local Government and Anor

Facts

Brent London Borough Council granted Ashia Centur Limited outline planning permission on 15 September 1993 for development of the former Twyford Tip site in London NW10 by the removal of tipped soil and the erection of an Asian Centre comprising a hotel, television centre, social, community and leisure facilities, with service roads and car parking. Later grants approved reserved matters and extended time, and it was common ground that development had to be initiated by 12 January 2004. Works were carried out on the site in 2002 and 2003, principally on the approved access road. Ashia applied for a certificate of lawful use for development under section 192 of the Town and Country Planning Act 1990, and an inspector appointed by the Secretary of State for Communities and Local Government granted it by a decision dated 19 December 2007 following a local public inquiry, also ordering the council to pay the costs of the appeal because of the way the council had conducted it. Before the inspector the council's case had been that the works were not material operations. The council applied under section 288 of the Town and Country Planning Act 1990 to quash that decision, raising for the first time an argument that the works were unlawful as being in breach of condition 6. Lloyd Jones J struck the application out, and the council appealed, Jacob LJ having granted limited permission on paper.