Tom Delaney & Anor v Secretary of State for Housing, Communities and Local Government & Anor

Facts

The applicants, Tom Delaney and Peter Delaney, sought permission under section 289 of the Town and Country Planning Act 1990 to appeal an Inspector's decisions, communicated in a Decision Letter dated 15 December 2025, dismissing appeals against enforcement notices issued by Canterbury City Council on 6 December 2024 concerning Moate Farm, Stodmarsh Road, Canterbury. An earlier enforcement notice of 22 July 2021, alleging a material change of use for the stationing of 37 additional caravans across the whole site, had been quashed on appeal on 23 February 2024 because three separate planning permissions, granted in 2008, 2015 and 2017 for three parts of the farm, had been granted at different times, so that each breach might have occurred at a different time. The Council then issued five fresh notices, relying on the second bite provision in section 171B(4)(b) of the Town and Country Planning Act 1990, dealing separately with Areas A, B and C. The Inspector quashed the two breach-of-condition notices relating to Areas B and C, holding that the 2015 and 2017 permissions had never been implemented and had lapsed, but dismissed Appeals A, C and D on grounds (a), (d) and (g) under section 174(2) of the Town and Country Planning Act 1990. Permission was sought in respect of Appeals A and C only.