Marney, R (on the application of) v Secretary of State for Transport Environment and the Regions & Anor

Marney, R (on the application of) v Secretary of State for Transport Environment and the Regions & Anor

The inspector did not err in law or act unfairly in dismissing the claimant's appeals. The principal issues were properly identified and addressed, the Green Belt and AONB policies were correctly applied, and the enforcement notice was appropriately limited to residential use. Procedural complaints did not amount to unfairness or material error. The applications under section 288 and for permission to appeal under section 289 were refused.

Parties
Claimant: Rowland Marney; 1st Defendant: Secretary of State for Transport Environment and the Regions; 2nd Defendant: Waverley Borough Council
Jurisdiction
England and Wales
Judgment Date
04 February 2003
Procedural Posture
Judicial Review and Statutory Appeal (planning) / Judgment on Applications Under Section 288 and for Permission to Appeal Under Section 289 of the Town and Country Planning Act 1990
Outcome
Applications under section 288 and for permission to appeal under section 289 dismissed.
Legal Topics
Enforcement Notice, Planning Permission, Green Belt Policy, Area of Outstanding Natural Beauty (aonb), Judicial Review, Statutory Appeal, Procedural Fairness, Costs, Injunctions, Contempt of Court
Planning and Environment Law Administrative Law Enforcement Notice Planning Permission Green Belt Policy Area of Outstanding Natural Beauty (aonb) Judicial Review Statutory Appeal +4 more

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Parties

Rowland Marney

Claimant

Secretary of State for Transport Environment and the Regions

1st Defendant

Waverley Borough Council

2nd Defendant

Procedural Posture

Judicial Review and Statutory Appeal (planning) / Judgment on Applications Under Section 288 and for Permission to Appeal Under Section 289 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the inspector erred in dismissing the claimant's appeals against an enforcement notice and refusal of planning permission
  2. 2 Whether the inspector failed to consider or unfairly considered key arguments regarding water supply, rotational husbandry, electrical power, catastrophe, and landscape impact
  3. 3 Whether the enforcement notice should have required removal of the caravan used for residential purposes only

Ratio Decidendi

The inspector did not err in law or act unfairly in dismissing the claimant's appeals. The principal issues were properly identified and addressed, the Green Belt and AONB policies were correctly applied, and the enforcement notice was appropriately limited to residential use. Procedural complaints did not amount to unfairness or material error. The applications under section 288 and for permission to appeal under section 289 were refused.

Court Disposition

Applications under section 288 and for permission to appeal under section 289 dismissed.

Orders

  • Claimant to pay the Secretary of State's costs, summarily assessed at £7,126.
  • No order made on the application to extend the injunction; matter stood over.