Hill v Secretary of State for Transport, Local Government & Anor [2003] EWHC 279 (Admin) (05 February 2003)

Hill v Secretary of State for Transport, Local Government & Anor [2003] EWHC 279 (Admin) (05 February 2003)

The inspector was entitled to find, on the evidence, that Valebridge Road was a classified road for the purposes of the GPDO. The burden of proof in a ground (c) appeal lies on the appellant, and the inspector's approach was correct in law. The evidence established at least a strong prima facie case that the road was classified, and the appellant failed to discharge the burden of proof to the contrary. The appeal was therefore dismissed.

Citation
[2003] EWHC 279 (Admin)
Parties
Claimant: Michael John Hill; First Defendant: Secretary of State for Transport, Local Government and the Regions; Second Defendant: Mid-Sussex District Council
Jurisdiction
England and Wales
Judgment Date
05 February 2003
Procedural Posture
Judicial Review / Statutory Appeal Under Section 289 Town and Country Planning Act 1990 / High Court Appeal From Planning Inspector's Decision
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice Appeals, Burden of Proof in Planning Appeals, Definition of Classified Road, Permitted Development Rights, Interpretation of Planning Legislation
Planning Law Administrative Law Enforcement Notice Appeals Burden of Proof in Planning Appeals Definition of Classified Road Permitted Development Rights Interpretation of Planning Legislation

Case Brief

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Parties

Michael John Hill

Claimant

Secretary of State for Transport, Local Government and the Regions

First Defendant

Mid-Sussex District Council

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal Under Section 289 Town and Country Planning Act 1990 / High Court Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether Valebridge Road was a 'classified road' for the purposes of the General Permitted Development Order (GPDO) 1995
  2. 2 Whether the appellant had discharged the burden of proof under ground (c) of section 174 of the Town and Country Planning Act 1990
  3. 3 Whether the inspector's approach to the burden of proof was correct in law

Ratio Decidendi

The inspector was entitled to find, on the evidence, that Valebridge Road was a classified road for the purposes of the GPDO. The burden of proof in a ground (c) appeal lies on the appellant, and the inspector's approach was correct in law. The evidence established at least a strong prima facie case that the road was classified, and the appellant failed to discharge the burden of proof to the contrary. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Costs awarded to the Secretary of State in the sum of £7,747.50
  • Appellant granted 21 days to apply for permission to appeal; application to be dealt with on paper unless oral hearing requested