Fareham Borough Council v Secretary of State for Environment Transport and the Regions and Others: QBD 21 Jun 2001

The landowners had a mobile home with a certificate of lawfulness, along with some outbuildings, and a fall back permission for a permanent caravan on countryside land. He sought permission to replace the mobile home with a dwelling house, removing some of the outbuildings. On appeal from authority’s refusal the inspector granted permission, on the basis that development was replacing an ‘existing permanent dwelling’. The authority appealed. On appeal the court held that it was within the inspector’s reasonable interpretation, but he was mistaken as to the plans for the outhouses, and it was not possible to say his decision had not been effected. The decision was quashed and remitted to the Secretary of State.

Citations:

Gazette 21-Jun-2001

Planning

Updated: 08 April 2022; Ref: scu.80471