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 factors and concluded the use would not be incidental to the residential use. New arguments might be raised on appeal, but not always and not in this case.
Gazette 13-Jan-2000
Town and Country Planning Act 1990 288
England and Wales
Cited by:
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 – Rencher-Paine v Secretary of State for Communities and Local Government and Another Admn 2-Mar-2011
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 . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 26 January 2022; Ref: scu.89416