A decision turning down an application but refusing costs order also was not inconsistent with allowing that the general need for housing did not displace need for green belt preservation. Citations: Gazette 10-Jun-1998 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 09 December 2022; Ref: scu.78328
The appellant appealed a refusal of a lawful development certificate for non-compliance with an agricultural occupancy condition. It had been originally required to be used for occupation by an agricultural worker, but was occupied in breach of that condition for several years. The breach had ceased by the time the certificate was applied for. At … Continue reading Nicholson v The Secretary Of State For The Environment and Maldon District Council: Admn 14 Aug 1997
Replacing old buildings with new ones in a National Park would set a bad precedent. Citations: Times 19-Jul-1993 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 26 October 2022; Ref: scu.78575
Judges: Timothy Mould QC (sitting as a Deputy High Court Judge) Citations: [2021] EWHC 695 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 26 October 2022; Ref: scu.659909
The claimant sought to have quashed an inspector’s decision not to grant retrospective planning permission for an extesion built to his property. Judges: Supperstone J Citations: [2014] EWHC 2729 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 16 October 2022; Ref: scu.535540
Citations: [1997] EWCA Civ 1818 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Citing: Cited – Newbury District Council v Secretary of State for the Environment HL 1980 Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions … Continue reading Land at 34 Manor Road, Pawlett, Bridgewater, Arlidge v Secretary of State for Environment and Sedgemoor District Council: CA 9 Jun 1997
The applicant sought to quash a decision letter. It had wanted to create a development, but the local authority considered it had not met the requirement to include affordable housing. It was agreed that a need existed for affordable housing, and the Inspector considered the development large enough to be required to make provision. The … Continue reading The London Borough of Barnet v Secretary of State for the Home Department, McCarthy and Stone (Developments) Ltd: Admn 23 Aug 2001
The applicant had outline planning permission for residential development of a green field site in an urban area. He allowed it to expire, and made further application. On the local authority failing to decide, it applied to the inspector who refused it. In the light of current policies (PPG3), such development was no longer appropriate. … Continue reading Joinglobal Ltd v Secretary of State for Environment Transport and the Regions, and Another: Admn 3 Oct 2001
The second respondent extended their facilities at their abattoir to include more lairage. It was done without planning permission, and the abattoir was in the Green Belt. After an enquiry following a challenge of an enforcement notice, the inspector found that the damage to the green belt was slight. Removing the facility would not decrease … Continue reading Warwick District Council v Secretary of State for Transport, Local Government and the Regions and Others: Admn 2 Oct 2001
There is no obligation to refer every application to the Secretary of State where an objector raised a plausible argument that an environmental impact assessment might be needed. In this case the application did not fall within Schedule I, and nor was it in a sensitive area, and nor was it over 0.5 hectares, and … Continue reading Berkeley v Secretary of State for Environment Transport and the Regions London Borough of Richmond Upon Thames: CA 29 Jun 2001
The landowners appealed a refusal to grant planning permission without there being included a condition which had been attached to an earlier permission, and which remained unfulfilled. The condition was, in effect, to allow sales from one proposed unit of bulky goods only. It was imposed in order to preserve the viability of the town … Continue reading Basingstoke and Deane Borough Council v The Secretary of State for the Environment, Barwood Developments Limited: Admn 17 Feb 1997
Where the claimant was not out of time to bring an appeal, or he retained the right of appeal, or the works proposed involved were not new, and no amendment or substitute of a new claim was proposed, the court should exercise its discretion to amend the claim form so that an application for permission … Continue reading Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000
An appeal is not the proper method for challenging costs awarded by an inquiry. Citations: Ind Summary 26-Jul-1993 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 20 May 2022; Ref: scu.89484
A mandatory agricultural occupancy condition was not subject to a continuous breach when cottages were occupied over summer by visitors rather than by agricultural workers as required by the permission. Citations: Times 12-May-1998, Gazette 28-May-1998, [1998] EWHC Admin 458 Links: Bailii Statutes: Town and Country Planning Act 1990 288 Agriculture, Planning Updated: 19 May 2022; … Continue reading North Devon District Council v Secretary of State for Environment, D Rottenbury B E Rottenbury: QBD 12 May 1998
The claimant sought to object to an inspector’s decision to allow erection of a telecommunications mast. The failure of the inspector to consider potential health risks was not open to criticism because the claimant’s papers had made no reference to such risks. A technical report which might have been considered had not been submitted, and … Continue reading Anscomb v Secretary of State for Environment Transport and the Regions: QBD 22 Feb 2001
The applicant submitted three plans for motorway service areas. Each was in the green belt. The inspector rejected two, but referred the first for further consideration. The decision was confirmed by the respondent. The appellant contended that that it was unreasonable to make a final decision rejecting the alternative when the referral had not been … Continue reading Swayfields Ltd v Secretary of State for Environment Transport and the Regions and Another: QBD 4 Sep 2001
The applicant sought permission to continue to use a dwelling in breach of an agricultural occupation restriction. There was no evidence that the property had no realistic prospect of sale subject to the condition, and the inspector found that the restriction had not outlived its usefulness. The inspector was entitled to make a judgment as … Continue reading Hawkins v Secretary of State for the Environment Transport and the Regions and Another: QBD 25 May 2000
The parties disputed what constituted an application under section 288 of the 1990 Act. Held: Though the time limit for filing an application was absolute, a discretion remained with the court to allow subsequent service out of time in the court rules. The Inspector’s letter was not sufficiently clear as to whether permission was being … Continue reading Mendip District Council v Secretary of State for the Environment and Castle Housing Society Limited: 1993
A larch tree overhung a garden, but was protected by a tree preservation order. The inspector declined authority to lop it on the basis of its value to the amenity. The Secretary overruled this but his decision was, in turn, set aside by the court on the basis that it was first too indistinct to … Continue reading Richmond Upon Thames London Borough Council v Secretary of State for Environment Transport and the Regions and Another: QBD 15 Mar 2001
The applicant sought permission to demolish two buildings and erect offices. One part of one building had permission for A2 office use, and on appeal, the inspector found that change of use had been implemented. The claimant asserted that this was only a fallback permission, and the inspector had to allow for the applicant’s ability … Continue reading Windsor and Maidenhead Royal Borough Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 15 Feb 2001
An inspector refused the applicant’s appeal after refusal of permission for Travelodge, finding that the proposed development was not an employment use within the structure plan and the local plan, but it did impact on the supply of land for business industry and warehousing, and the need for this type of development did not outweigh … Continue reading Forte Ltd v Secretary of State for the Environment Transport and the Regions and Another: QBD 14 Apr 2000
The only legitimate expectation of a party awaiting determination of an application for permission was that current policies would be applied. An applicant awaiting a decision on permanent dwelling for agricultural land had no right to continue temporary home. Citations: Gazette 21-Apr-1999 Statutes: Town and Country Planning Act 1990 288 Planning Updated: 08 April 2022; … Continue reading Boyle v Secretary of State for the Environment Transport and the Regions and An: QBD 21 Apr 1999
Extensive grounds of a house had permissions subject to a condition that they should not be used for landing etc of helicopters. For several years the owner flew helicopters from the property relying upon provisions allowing temporary use. His application for permanent permission was refused. The appeal failed because the inspector had properly assessed the … Continue reading South Oxfordshire District Council v Secretary of State for the Environment Transport and the Regions and another: QBD 13 Jan 2000
The claimant sought to challenge permission given for a new M6 link road.
Held: The objection was unarguable and was dismissed. There was a need to introduce a requirement for prior consent to applications under section 288. . .
A justified expectation of crime can be valid ground affecting planning decision. . .
Application pursuant to Section 288 of the Town and Country Planning Act 1990 in relation to the decision of the defendant’s duly appointed inspector in which he dismissed the appeal of the claimant against the interested parties’ refusal of an application under Section 192(1)(b) of the 1990 Act in respect of a certificate of lawful … Continue reading Choiceplace Properties Ltd v Secretary of State for Housing Communities and Local Government: Admn 27 Apr 2021
The applicant, a gipsy had occupied land she had bought. Her occupation was in breach of planning control. The inspector found exceptional cirumstances for allowing her to continue to live there. The authority appealed. Held: The inspector had failed to take sufficient account of the unlawfulness fo her occupation. It was important that the concept … Continue reading South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and Linda Porter: CA 19 May 2003
There is no power for Court of Appeal itself to give leave to appeal after High Court’s refusal of leave on an enforcement notice. The court rejected the applicant’s submission that a High Court judge’s decision refusing permission to appeal under section 289 fell within section 16 of the 1981 Act. The Master of the … Continue reading Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995
Application under section 288 of the Town and Country Planning Act 1990 to quash the decision of an inspector appointed on behalf of the first defendant, contained in a decision letter Judges: Mr Justice Sullivan Citations: [2002] EWHC 1107 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 25 October 2022; Ref: scu.427031
Application under section 288 of the Town and Country Planning Act 1990 by the local planning authority to quash the appeal decision of an inspector granting planning permission for the use of land at OS Field 5566, Hall Villa Lane, Toll Bar, Doncaster, as a private gypsy caravan site for ten plots. Judges: Mr George … Continue reading Doncaster Metropolitan Borough Council, Regina (on The Application of) v The First Secretary of State and Another: Admn 19 Feb 2007
The landowner applied for planning permission to erect an extension. The Inspector rejected the application on the basis that the privacy and outlook of the neighbouring property would be adversely affected. His inspection had been limited, and had incorrectly thought that the neighbour’s land included a patio area when it was in fact a flat … Continue reading McGowan v Secretary of State for Transport, Local Government and the Regions: Admn 18 Mar 2002
The court dismissed an application by the council under section 288 of the Town and Country Planning Act 1990 seeking to quash a decision of the Secretary of State given by his duly appointed inspector by letter dated 19 February 2002. The inspector had allowed an appeal against a decision of the council on 5 … Continue reading South Bucks District Council and Another v Porter: Admn 17 Sep 2002
The applicant had erected various buildings without permission. At one point, one of two enforcement notices was set aside on the basis that the use had been established for more than four years. Subsequently, buildings were demolished and rebuilt. He answered a further enforcement notice saying that the use had been lawful by virtue of … Continue reading Everett v Secretary of State for Environment Transport and the Regions, and Another: Admn 3 Sep 2001
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled development of land through the planning process and I accept that Section … Continue reading Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997
The council served a stop notice. The company sought compensation. The council replied that the company had no legal or equitable interest in the land affected. Held: The company had occupied the land under a licence. A contractual licensee on land may be, but is not necessarily, an occupier. Citations: [2004] EWCA Civ 288, Times … Continue reading International Traders Ferry Ltd v Adur District Council: CA 26 Feb 2004
statutory review pursuant to s.288 of the Town and Country Planning Act 1990 in respect of the Decision Letter dated 23 January 2018 of the first defendant Secretary of State’s Inspector, Mr Brendan Lyons. By that decision he allowed the appeal of the second and third defendants, Dr and Mrs Parsons, against the claimant council’s … Continue reading Newark and Sherwood District Council v The Secretary of State for Housing, Communities and Local Government and Others: QBD 19 Jul 2018
The applicant owned a health farm. Permission was sought to develop adjoining land, and the applicant objected unsuccessfully, but the Secretary of State then called in the decision. In the meantime, the applicant sought judicial review of the council’s decision, saying that the council had given weight to an irrelevant matter. The application failed. The … Continue reading Regina v Bedfordshire County Council ex parte Henlow Grange Health Farm Ltd: Admn 13 Mar 2001
The applicants appealed an enforcement notice, with regard to a change of use, to use land for a multiplicity of businesses. The inspector had suggested he would correct by amendment an error in the notice. The section provided that an amendment could be made unless it caused injustice. The applicant argued that an amendment could … Continue reading Simms v Secretary of State for Environment, Broxtowe Borough Council: Admn 18 Mar 1997
Application under section 288 of the Town and Country Planning Act 1990 to quash a decision made by a Planning Inspector Judges: Mr Justice Singh Citations: [2014] EWHC 4555 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 10 May 2022; Ref: scu.542567
Application under section 288 of the Town and Country Planning Act 1990, challenging the decision of an inspector appointed by the First Secretary of State on a planning appeal. Judges: Richards J Citations: [2005] EWHC 521 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 07 May 2022; Ref: scu.224095
Application under section 288 of the Town and Country Planning Act 1990 quashing the decision of the Inspector appointed by the first respondent, dismissing the application for residential and Class B and employment development Citations: [2009] EWHC 2187 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 07 May 2022; Ref: scu.374379
Renewed application for permission to apply for a statutory review pursuant to Section 288 of the Town and Country Planning Act 1990 of a decision dismissing an appeal against a refusal of planning permission for the change of use of land Judges: Garnham J Citations: [2016] EWHC 3737 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading Stevens, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 25 Oct 2016
The Claimant applied under section 288 of the TCPA 1990 to quash the decision of the First Defendant, made on his behalf by an Inspector, in which he dismissed the Claimant’s appeal from the Second Defendant’s refusal to grant him a certificate of lawful existing use or development, pursuant to section 191 TCPA 1990. Lang … Continue reading O’Flynn v Secretary of State for Communities and Local Government and Another: Admn 17 Nov 2016
Application under Section 288 of the Town and Country Planning Act 1990 to quash the decision of an inspector whereby he upheld the refusal of planning permission to the applicants to erect a dwelling on land in Allendale in an area of outstanding natural beauty. The inspector treated the application as one for a new … Continue reading MH Services Ltd v Secretary of State for The Environment, Transport and The: Admn 14 Feb 2002
Two claims for statutory review bought pursuant to section 288 of The Town and Country Planning Act 1990 in relation to two decisions following appeals conducted by way of public inquiry in respect of two refusals of planning permission by the claimant. The Honourable Mr Justice Dove [2021] EWHC 3271 (Admin) Bailii England and Wales … Continue reading East Riding of Yorkshire Council v Secretary of State for Levelling Up, Housing and Communities and Another: Admn 2 Dec 2021
Application under section 288 of the Town and Country Planning 1990 (1990 Act) to quash a decision letter on the part of an inspector appointed by the First Defendant to hear an appeal lodged by the applicant under section 195 of the 1990 Act against refusal on the part of the Second Defendant to grant … Continue reading Royal London Mutual Insurance Society Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 16 Oct 2013
The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010
Application under section 288 of the Town and Country Planning Act 1990 to quash a decision of the Secretary of State, contained in a decision letter to refuse planning permission for a hotel, golf club house, driving range and community centre at . .
Application under section 288 of the Town and Country Planning Act 1990 to quash a decision of one of the first defendant’s inspectors contained in a decision letter dismissing the claimant’s appeal against the second defendant’s refusal to grant . .
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