The applicant challenged refusal of permission for his proposed one bedroom ‘earthship dwelling’. He ran an ostrich farm on the land, and wished to occupy it instead of the caravan presently occupies with temporary permission.
Held: The appeal failed. The test of the inspector’s report was that the reasons given have to deal with the principal controversial issues and enable the reader to understand why the matter was decided as it was. In addition, the decision letter is to be read in a straightforward manner recognising that it is addressed to the parties who are well aware of the issues involved and the arguments advanced. The inspector had addressed the issues complained of.
Judges:
Frances Patterson QC
Citations:
[2011] EWHC 382 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Newsmith Stainless Ltd, Regina (On the Application of) v Secretary of State for Environment, Transport and the Regions Admn 1-Feb-2001
Application was made to quash an inspector’s decision.
Held: An inspector’s decision was not to be challenged as to its facts. In any case where the expert tribunal is the fact finding body the threshold of Wednesbury unreasonableness or . .
Cited – South Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
Cited – Petter and Harris v Secretary of State for Environment, Transport and Regions and Chichester District Council CA 15-Mar-1999
. .
Cited – South Oxfordshire District Council v Secretary of State for the Environment Transport and the Regions and another QBD 13-Jan-2000
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 . .
Cited – Newsmith Stainless Ltd, Regina (On the Application of) v Secretary of State for Environment, Transport and the Regions Admn 1-Feb-2001
Application was made to quash an inspector’s decision.
Held: An inspector’s decision was not to be challenged as to its facts. In any case where the expert tribunal is the fact finding body the threshold of Wednesbury unreasonableness or . .
Cited – Regina (Vale of White Horse District Council) v Secretary of State for Communities and Local Government 2009
. .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 25 August 2022; Ref: scu.430244
