Source: All England Reporter
Publisher Citation: [2005] All ER (D) 288 (Nov)
Court: Queen's Bench Division (Administrative Court)
Judge:

Crane J

Representation Michael Rudd (instructed by Gurney-Champion & Co) for the claimant.
  Andrew Sharland (instructed by the Treasury Solicitor) for the Secretary of State.
  The second defendant did not appear and was not represented.
Judgment Dates: 22 November 2005

Catchwords

Town and country planning - Development - Material change of use - Application for retrospective permission - Refusal by local planning authority - Appeal to Secretary of State - Whether Secretary of State failing to take into account material considerations - Whether Secretary of State failing to give adequate reasons - Whether Secretary of State erring in law and fact.

The Case

In the circumstances, the first defendant Secretary of State had taken into account all material considerations, had given adequate reasons and had not erred in law and fact when refusing the claimant's appeal against the refusal of the second defendant local planning authority to grant retrospective planning permission for the change of use of buildings and external areas at the claimant's property from use for stables and storage to residential accommodation.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.