Source: All England Reporter
Publisher Citation: [2009] All ER (D) 139 (Jun)
Neutral Citation: [2009] EWHC 1012 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Collins J
Representation Johanna Boyd (instructed by Matthew Arnold & Baldwin LLP) for the authority.
  Rupert Warren (instructed by the Treasury Solicitor) for the Secretary of State.
  Robert Fookes (instructed by Edwin Coe LLP) for the interested party.
Judgment Dates: 22 April 2009

Catchwords

Town and country planning - Development - Permission - Certificate of lawful use or development - Local planning authority refusing to grant lawful development certificate in relation to premises on farm - Reliance placed on condition in planning permission granted for premises in past - Secretary of State's inspector overturning authority's decision questioning validity of condition - Whether inspector correct - ss 171A, 171B, 173, 288.

The Case

Town and country planning Development. Queen's Bench Division, Administrative Court (London): On an application under s288 of the the court upheld the decision of the Secretary of State's inspector to grant a lawful development certificate to the interested party for the purposes of him using a premises on a farm, near Basingstoke, as a dwelling house, but that the same was not to be limited to a dwelling occupied by an agricultural worker.

Practice Areas

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