Ryedale District Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2140 (Admin) (28 June 2010)

Ryedale District Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2140 (Admin) (28 June 2010)

The Inspector was not required to consider or give reasons regarding policy TM5 as it was not relevant to the conversion of existing buildings; the Inspector correctly understood and considered the control mechanisms for the caravan site; and PPS7 paragraph 10 does not apply to conversions, so the Inspector did not err in law. The appeal is dismissed on all grounds.

Citation
[2010] EWHC 2140 (Admin)
Parties
Claimant: Ryedale District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Douglas Sleightholme
Jurisdiction
England and Wales
Judgment Date
28 June 2010
Procedural Posture
Judicial Review / Statutory Appeal (planning) / High Court Judgment on Appeal Under Sections 288(1) and 289(6) Town and Country Planning Act 1990
Outcome
Appeal dismissed; permission to appeal refused.
Legal Topics
Enforcement Notice Appeal, Development Plan Policy Interpretation, Planning Permission Conditions, National Planning Policy (pps7), Material Considerations in Planning, Costs Orders
Administrative Law Planning Law Local Government Law Enforcement Notice Appeal Development Plan Policy Interpretation Planning Permission Conditions National Planning Policy (pps7) Material Considerations in Planning +1 more

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Parties

Ryedale District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Douglas Sleightholme

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal (planning) / High Court Judgment on Appeal Under Sections 288(1) and 289(6) Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector erred in law by failing to consider or give reasons regarding development plan policy TM5
  2. 2 Whether the Inspector misunderstood or failed to consider applicable control mechanisms for the caravan site
  3. 3 Whether the Inspector misapplied national policy PPS7 regarding essential need for residential occupation

Ratio Decidendi

The Inspector was not required to consider or give reasons regarding policy TM5 as it was not relevant to the conversion of existing buildings; the Inspector correctly understood and considered the control mechanisms for the caravan site; and PPS7 paragraph 10 does not apply to conversions, so the Inspector did not err in law. The appeal is dismissed on all grounds.

Court Disposition

Appeal dismissed; permission to appeal refused.

Orders

  • Claimant to pay the first respondent's costs summarily assessed at £6,844.
  • Permission to serve appeal papers 21 days after receipt of transcript.