Blackburn v First Secretary of State [2003] EWHC 671 (Admin) (13 March 2003)

Blackburn v First Secretary of State [2003] EWHC 671 (Admin) (13 March 2003)

There was a material change of use to residential purposes justifying the enforcement notice; the inspector correctly applied planning policies and found no exceptional justification for a dwelling; no error of law or failure to consider human rights; both applications must be refused.

Citation
[2003] EWHC 671 (Admin)
Parties
Claimant: Andrew Blackburn; First Defendant: First Secretary of State; Second Defendant: South Holland District Council
Jurisdiction
England and Wales
Judgment Date
13 March 2003
Procedural Posture
Judicial Review / Statutory Appeal / Applications for Permission to Appeal Under Section 289 and to Quash Decision Under Section 288 of the Town and Country Planning Act 1990
Outcome
Applications dismissed
Legal Topics
Enforcement Notice, Planning Permission, Change of Use, Affordable Housing, Flood Risk, Human Rights Act 1998, Article 8 ECHR
Planning Law Administrative Law Human Rights Enforcement Notice Planning Permission Change of Use Affordable Housing Flood Risk +2 more

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Parties

Andrew Blackburn

Claimant

First Secretary of State

First Defendant

South Holland District Council

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Applications for Permission to Appeal Under Section 289 and to Quash Decision Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the inspector erred in upholding an enforcement notice for change of use to residential caravan site
  2. 2 Whether the inspector erred in dismissing appeal against refusal of planning permission for a dwelling
  3. 3 Whether the inspector failed to consider human rights arguments under Article 8 ECHR

Ratio Decidendi

There was a material change of use to residential purposes justifying the enforcement notice; the inspector correctly applied planning policies and found no exceptional justification for a dwelling; no error of law or failure to consider human rights; both applications must be refused.

Court Disposition

Applications dismissed

Orders

  • Application for permission to appeal under section 289 refused
  • Application under section 288 to quash inspector's decision refused