Bennett Fergusson Coal Ltd., R (on the application of) v First Secretary of State & Anor

Bennett Fergusson Coal Ltd., R (on the application of) v First Secretary of State & Anor

The inspector was entitled to find that both the existing and proposed uses were sui generis and not within any use class. The change from the existing use (coal processing, storage, and distribution) to the proposed use (materials recycling facility) was materially different in planning terms. The inspector's decision was not irrational or based on any material error of law.

Parties
Claimant: Bennett Fergusson Coal Limited; 1st Defendant: The First Secretary of State; 2nd Defendant: Derbyshire County Council
Jurisdiction
England and Wales
Judgment Date
16 July 2003
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Certificates of Lawful Use, Material Change of Use, Use Classes Order, Sui Generis Uses, Costs
Planning Law Administrative Law Certificates of Lawful Use Material Change of Use Use Classes Order Sui Generis Uses Costs

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Parties

Bennett Fergusson Coal Limited

Claimant

The First Secretary of State

1st Defendant

Derbyshire County 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 existing and proposed uses of the site fall within the same use class under the Town and Country Planning (Use Classes) Order 1987
  2. 2 Whether the change from the existing use to the proposed use constitutes a material change of use
  3. 3 Whether the inspector misdirected himself in characterising the uses as sui generis

Ratio Decidendi

The inspector was entitled to find that both the existing and proposed uses were sui generis and not within any use class. The change from the existing use (coal processing, storage, and distribution) to the proposed use (materials recycling facility) was materially different in planning terms. The inspector's decision was not irrational or based on any material error of law.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Costs awarded to the First Secretary of State in the sum of £6,080