Man who argued Christian faith meant he did not have to comply with planning enforcement notice loses Court of Appeal case 

An appellant who argued he did not have to comply with the Town & Country Planning Act 1990 because of his religion has had his appeal dismissed by the Court of Appeal.

The man, known as Adam, had failed to comply with an enforcement notice issued by Cheshire East Council that called on him to remove various buildings and structures constructed without planning permission.

The dispute, which dates back to 2017, saw Adam convicted by the Crown Court for breaching the enforcement notice.

The appellant relied on a defence that he is not, as a devout Christian, required to adhere to the provisions of the Town & Country Planning Act 1990, according to Cornerstone Barristers.

Josef Cannon, of Cornerstone Barristers, appeared for Cheshire East at the Court of Appeal on Tuesday (12 February).

Lady Justice King considered an appeal brought by Adam of a High Court decision to commit him to prison for failing to comply with an injunction His Honour Justice Bird made in October 2022 requiring him and his wife to cease living on the land concerned and to remove the structures they had built.

Cannon said the Court of Appeal justices dismissed Adam's appeal and awarded the council £10,000 in costs.

Speaking to Local Government Lawyer, he said: "Interestingly, King LJ, who gave the leading judgment, had very recently decided another case called Re AB (A Child) (Habeas Corpus), in which the definition of a 'person' in the Interpretation Act was at issue, on similar (but not identical) grounds to the way Adam put his case yesterday - she provided a copy for the parties and referred to the decision in her judgment."

Adam Carey