O'Flynn v Secretary of State for Communities and Local Government & Anor

O'Flynn v Secretary of State for Communities and Local Government & Anor

The Inspector erred in law by failing to take into account relevant evidence and concessions regarding incidental residential use, improperly discounting gardening and recreational activities, failing to consider the curtilage exception under section 55(2)(d) TCPA 1990, and providing inadequate reasons. These errors could have affected the outcome and warrant quashing the decision.

Parties
Claimant: Richard O'Flynn; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Warwick District Council
Jurisdiction
England and Wales
Judgment Date
17 November 2016
Procedural Posture
Judicial Review Under Section 288 TCPA 1990 / Final Judgment
Outcome
Decision quashed
Legal Topics
Certificate of Lawful Existing Use or Development, Curtilage of Dwelling House, Incidental Residential Use, Judicial Review, Adequacy of Reasons
Planning Law Administrative Law Certificate of Lawful Existing Use or Development Curtilage of Dwelling House Incidental Residential Use Judicial Review Adequacy of Reasons

Case Brief

Summary, issues, holding and outcome

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Parties

Richard O'Flynn

Claimant

Secretary of State for Communities and Local Government

First Defendant

Warwick District Council

Second Defendant

Procedural Posture

Judicial Review Under Section 288 TCPA 1990 / Final Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in assessing incidental residential use of the northern part of the Site
  2. 2 Whether gardening and recreational activities constitute incidental residential use
  3. 3 Whether the curtilage exception under section 55(2)(d) TCPA 1990 was properly considered

Ratio Decidendi

The Inspector erred in law by failing to take into account relevant evidence and concessions regarding incidental residential use, improperly discounting gardening and recreational activities, failing to consider the curtilage exception under section 55(2)(d) TCPA 1990, and providing inadequate reasons. These errors could have affected the outcome and warrant quashing the decision.

Court Disposition

Decision quashed

Orders

  • The Inspector's decision dated 19 January 2016 is quashed.
  • The Claimant's application for damages is refused.