Curbing the use of the Murfitt power (Caldwell v SSLUHC)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Planning analysis: The High Court considered the limits of a local planning authority’s (LPA’s) power to require by way of enforcement notice the demolition of operational development which would otherwise be immune from enforcement action, by reason of the development’s close connection with an unauthorised change of use, as explained in Murfitt v Secretary of State for the Environment. The court held that the Murfitt power does not extend to cases in which the development is fundamental to, or causative of, the change of use. The case provides an important clarification on the outer limits of the Murfitt power, which will likely be of considerable importance going forward. It also provides a timely reminder of the importance of paying close attention to the purpose of the power as originally explained in Murfitt. Written by Daniel Henderson, probationary tenant at No5 Chambers.