Hall Hunter Partnership, R (on the application of) v First Secretary of State & Ors [2006] EWHC 3482 (Admin) (15 December 2006)

Hall Hunter Partnership, R (on the application of) v First Secretary of State & Ors [2006] EWHC 3482 (Admin) (15 December 2006)

The polytunnels at Tuesley Farm, by reason of their size, permanence, and degree of attachment, constituted operational development and thus 'development' under section 55(1) of the Town and Country Planning Act 1990. They were not permitted development under the GPDO, as the relevant classes did not apply to agricultural operations. The use of land for caravans for agricultural workers failed to meet the criteria for permitted development due to lack of discontinuance, excessive duration, and employment not limited to land in the same occupation. The Inspector's refusal of planning permission was justified by the harm to landscape and amenity, outweighing agricultural need.

Citation
[2006] EWHC 3482 (Admin)
Parties
Claimant: Hall Hunter Partnership; First Defendant: First Secretary of State; Second Defendant: Waverley Borough Council; Third Defendant: Tuesley Farm Campaign/Residents Group
Jurisdiction
England and Wales
Judgment Date
15 December 2006
Procedural Posture
Judicial Review (planning Appeal) / High Court Judgment on Statutory Appeal Under Section 289 Town and Country Planning Act 1990
Outcome
Appeal dismissed
Legal Topics
Definition of Development, Permitted Development Rights, Agricultural Use and Planning Control, Caravan Sites and Agricultural Workers, Green Belt Policy, Enforcement Notices, Operational Development, Temporary Buildings and Uses
Planning Law Administrative Law Local Government Law Definition of Development Permitted Development Rights Agricultural Use and Planning Control Caravan Sites and Agricultural Workers Green Belt Policy +3 more

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Parties

Hall Hunter Partnership

Claimant

First Secretary of State

First Defendant

Waverley Borough Council

Second Defendant

Tuesley Farm Campaign/Residents Group

Third Defendant

Procedural Posture

Judicial Review (planning Appeal) / High Court Judgment on Statutory Appeal Under Section 289 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the erection of polytunnels constitutes 'development' under section 55(1) of the Town and Country Planning Act 1990
  2. 2 Whether the polytunnels are permitted development under the General Permitted Development Order 1995 (GPDO)
  3. 3 Whether the use of land for stationing caravans for agricultural workers is permitted development under the GPDO and Caravan Sites and Control of Development Act 1960

Ratio Decidendi

The polytunnels at Tuesley Farm, by reason of their size, permanence, and degree of attachment, constituted operational development and thus 'development' under section 55(1) of the Town and Country Planning Act 1990. They were not permitted development under the GPDO, as the relevant classes did not apply to agricultural operations. The use of land for caravans for agricultural workers failed to meet the criteria for permitted development due to lack of discontinuance, excessive duration, and employment not limited to land in the same occupation. The Inspector's refusal of planning permission was justified by the harm to landscape and amenity, outweighing agricultural need.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay the first defendant's costs, summarily assessed at £14,064