Newland v Secretary of State for Communities & Local Government & Anor

Newland v Secretary of State for Communities & Local Government & Anor

The Inspector was entitled to find, as a matter of fact and law, that after 1999 the site comprised a single planning unit used as a dwelling house with ancillary garden and paddock, and that Section 57(4) did not permit reversion to use as a caravan site. The Inspector properly assessed the Notice 2 development and gave adequate reasons for his decision.

Parties
Claimant/appellant: William Newland; First Defendant/respondent: Secretary of State for Communities & Local Government; Second Defendant/respondent: Waverley Borough Council
Jurisdiction
England and Wales
Judgment Date
22 December 2008
Procedural Posture
Judicial Review/statutory Appeal / Judgment on Application to Quash Planning Decisions
Outcome
Applications and appeal dismissed
Legal Topics
Enforcement Notices, Material Change of Use, Planning Permission, Statutory Interpretation, Planning Units
Planning Law Administrative Law Enforcement Notices Material Change of Use Planning Permission Statutory Interpretation Planning Units

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Parties

William Newland

Claimant/appellant

Secretary of State for Communities & Local Government

First Defendant/respondent

Waverley Borough Council

Second Defendant/respondent

Procedural Posture

Judicial Review/statutory Appeal / Judgment on Application to Quash Planning Decisions

Legal Issues

  1. 1 Whether the Inspector erred in finding a material change of use of the site and in defining the planning unit after 1999
  2. 2 Whether the Inspector failed to properly assess the development subject to Notice 2

Ratio Decidendi

The Inspector was entitled to find, as a matter of fact and law, that after 1999 the site comprised a single planning unit used as a dwelling house with ancillary garden and paddock, and that Section 57(4) did not permit reversion to use as a caravan site. The Inspector properly assessed the Notice 2 development and gave adequate reasons for his decision.

Court Disposition

Applications and appeal dismissed

Orders

  • Applications to quash the Inspector's decisions are dismissed
  • Appeal is dismissed