Source: All England Reporter
Publisher Citation: [2007] All ER (D) 409 (Nov)
Court: Queen's Bench Division, Administrative Court
Judge:

Judge Gilbart QC

Representation Niall Blackie (of Manby Steward Bowdler) for the appellant.
  Tim Buley (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 26 November 2007

Catchwords

Town and country planning - Enforcement notice - Appeal against notice - Appellant requiring mobile homes - Appellant building mobile homes on site for horse related businesses - Secretary of State issuing enforcement notice against mobile homes - Appellant appealing against notice - Inspector dismissing appeal - Whether inspector erring - , .

The Case

In the instant case, where an inspector had dismissed an appeal by the appellant against a local authority enforcement notice requiring the cessation of a mobile home erected on a farm, and where the only reason provided by the inspector in his decision letter was that there was no evidence for a functional need of a separate dwelling at that site in circumstances where the central issue was whether supervision of the appellant's mares could be provided after the removal of the mobile home, the appeal would be allowed. In all the circumstances, the reasoning of the inspector had been inadequate and the decision was quashed and remitted for a reconsideration.

Practice Areas

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