R (on the application of Moran) (Appellant) v Medway Council (Respondent)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0072

Parties

Appellant(s)

Patrick Moran

Respondent(s)

Medway Council

Issue

Whether section 70C of the Town and Country Planning Act 1990 (“1990 Act”) can apply to a prospective planning application; whether the Court of Appeal correctly construed the purpose of this provision; and whether the abusive nature of the planning application or its design to delay effective enforcement was a mandatory material consideration in reviewing the rationality of the decision under review.

Facts

In November 2020, the Appellant became the registered owner of the land which is Plot C of the site at Sharps Green in Rainham, Kent. He is a Gypsy or Traveller. Prior to the Appellant coming into ownership of Plot C, it was the subject of development control activity. In May 2017, the Respondent served an enforcement notice on the then-owners of the site in respect of a number of breaches of planning control. In May 2018, the occupants of the site made an application for a change of use of the land to the keeping of horses with a residential use for three Romany Gypsy families, three static caravans, three touring caravans and associated parking and ancillary facilities. On 24 August 2018, following an injunction, a committal order was made in respect of the occupants, who then left the plot. On 28 August 2018, the Respondent relied on section 70C of the 1990 Act to decline to determine the May 2018 application for planning permission. During the course of 2020, the Respondent declined to determine three further applications for planning permission in respect of the site, with similar decisions made in respect of further applications in May 2021 and April 2022. In Spring 2020, works commenced for the purpose of, again, changing the use of the site to a residential caravan site including the stationing of three caravans, the laying of hardstanding and access works. In February 2022, having written to the occupiers of the site complaining in relation to ongoing breaches of planning control and contravention of the extant enforcement notice, the Respondent took further direct and enforcement action and again cleared the site. On 8 September 2023, the Appellant submitted an application concerning a change of use of the land to residential use accompanied by the siting of caravans and mobile homes together with the construction of four day-rooms and a stable building. Further to a report from its Chief Planning Officer, the Respondent declined to determine the application by reference to section 70C of the 1990 Act. The Appellant challenged this decision in a claim for judicial review. He maintains that the Respondent was presented with a detailed and carefully thought-through application that provided a strong case in support of the proposed development. The claim was dismissed by Mr Justice Kerr on 20 February 2025. The Appellant appealed to the Court of Appeal, where the Secretary of State for Housing, Communities and Local Government was permitted to intervene. The Court of Appeal dismissed the appeal on 17 April 2026. The Appellant now appeals to the Supreme Court.