Source: All England Reporter
Publisher Citation: [2010] All ER (D) 71 (Jul)
Neutral Citation: [2010] EWHC 1677 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Collins J
Representation Peter Village QC and Alex Goodman (instructed by Beachcroft LLP) for GTE.
  David Forsdick (instructed by the Treasury Solicitor) for the Secretary of State.
  The authority did not appear and was not represented.
Judgment Dates: 23 June 2010

Catchwords

Town and country planning - Development - Unauthorised - Enforcement of planning control - Claimant constructing manège, exercise track and tennis court in estate located within area of outstanding natural beauty - Local authority issuing enforcement notices and refusing to grant permission for developments - Secretary of State's inspector upholding authority's decision in respect of manège and tennis court - Whether inspector erring - Town and Country Planning Act, ss 288, 289.

The Case

Town and country planning Development. In proceedings brought under ss288 and 289 of the the Administrative Court held that the Secretary of State's inspector had made material errors insofar as her decision related to a mange located on a site known as 'Great Trippetts Estate', both to uphold an enforcement notice and to refuse the grant of planning permission in respect of the same, but her decision insofar as it related to a tennis court on the estate was not reached in error. The inspector's decision letter was accordingly quashed only insofar as it applied to the mange.

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