Brightwell, R (on the application of) v Secretary of State of Communities and Local Government & Anor

Brightwell, R (on the application of) v Secretary of State of Communities and Local Government & Anor

The Inspector lawfully concluded that there was no agricultural justification for a dwelling or retention of caravans/buildings, having properly applied the functional and financial tests and balanced Article 8 rights. No error of law was disclosed in the planning or costs decisions.

Parties
Claimant: Paul Brightwell; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: Broadland District Council
Jurisdiction
England and Wales
Judgment Date
11 December 2008
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Agricultural Dwellings, Planning Permission, Costs, Article 8 ECHR, Judicial Review Procedure
Planning Law Administrative Law Human Rights Agricultural Dwellings Planning Permission Costs Article 8 ECHR Judicial Review Procedure

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Parties

Paul Brightwell

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Broadland District Council

2nd Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Inspector erred in law in refusing planning permission for agricultural dwelling, temporary caravans, and retention of agricultural buildings
  2. 2 Whether the Inspector failed to properly consider Article 8 ECHR (right to family life)
  3. 3 Whether the award of costs was lawful

Ratio Decidendi

The Inspector lawfully concluded that there was no agricultural justification for a dwelling or retention of caravans/buildings, having properly applied the functional and financial tests and balanced Article 8 rights. No error of law was disclosed in the planning or costs decisions.

Court Disposition

Application dismissed

Orders

  • Application under section 288 Town and Country Planning Act 1990 dismissed
  • Claimant to pay Secretary of State's costs summarily assessed at £2,000