Hall Hunter Partnership, R (on the application of) v First Secretary of State & Ors

Hall Hunter Partnership, R (on the application of) v First Secretary of State & Ors

The erection of polytunnels at Tuesley Farm constituted operational development due to their substantial size, degree of attachment, and permanence, and was not permitted development under the GPDO. The use of land for caravans for seasonal workers did not meet the criteria for permitted development as the use was not discontinued outside a particular season and workers were not exclusively employed on land in the same occupation. The Inspector's refusal of planning permission was justified due to the significant harm to the countryside and failure to comply with development plan policies.

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 / Statutory Appeal (planning) / High Court Judgment on 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
Planning Law Administrative Law Definition of Development Permitted Development Rights Agricultural Use and Planning Control Caravan Sites and Agricultural Workers Green Belt Policy Enforcement Notices

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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 / Statutory Appeal (planning) / High Court Judgment on 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
  3. 3 Whether the use of land for stationing caravans for seasonal workers is permitted development

Ratio Decidendi

The erection of polytunnels at Tuesley Farm constituted operational development due to their substantial size, degree of attachment, and permanence, and was not permitted development under the GPDO. The use of land for caravans for seasonal workers did not meet the criteria for permitted development as the use was not discontinued outside a particular season and workers were not exclusively employed on land in the same occupation. The Inspector's refusal of planning permission was justified due to the significant harm to the countryside and failure to comply with development plan policies.

Court Disposition

Appeal dismissed

Orders

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