Smith v The First Scretary of State & Anor [2006] EWHC 3014 (Admin) (03 November 2006)

Smith v The First Scretary of State & Anor [2006] EWHC 3014 (Admin) (03 November 2006)

The inspector correctly applied the legal test for functional need under PPS7 Annex A, considered all relevant factors including human rights and community benefit, and made no error of law in dismissing the appeals against the enforcement notice and refusal of planning permission.

Citation
[2006] EWHC 3014 (Admin)
Parties
Claimant/appellant: Louisa Smith; 1st Defendant/respondent: The First Secretary of State; 2nd Defendant/respondent: North Yorkshire National Park Authority
Jurisdiction
England and Wales
Judgment Date
03 November 2006
Procedural Posture
Judicial Review and Statutory Appeal (planning) / High Court Judgment on Appeal From Administrative Court
Outcome
Appeal dismissed; costs order made against appellant
Legal Topics
Enforcement Notice Appeals, Planning Permission for Rural Dwellings, Functional Test for Rural Worker Accommodation, Article 8 ECHR (right to Home and Family Life), Costs Assessment
Planning Law Administrative Law Human Rights Law Enforcement Notice Appeals Planning Permission for Rural Dwellings Functional Test for Rural Worker Accommodation Article 8 ECHR (right to Home and Family Life) Costs Assessment

Case Brief

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Parties

Louisa Smith

Claimant/appellant

The First Secretary of State

1st Defendant/respondent

North Yorkshire National Park Authority

2nd Defendant/respondent

Procedural Posture

Judicial Review and Statutory Appeal (planning) / High Court Judgment on Appeal From Administrative Court

Legal Issues

  1. 1 Whether the inspector erred in applying the functional test for on-site residential accommodation under PPS7 Annex A
  2. 2 Whether the inspector failed to consider relevant factors including community benefit and human rights
  3. 3 Whether the inspector's decision involved any error of law

Ratio Decidendi

The inspector correctly applied the legal test for functional need under PPS7 Annex A, considered all relevant factors including human rights and community benefit, and made no error of law in dismissing the appeals against the enforcement notice and refusal of planning permission.

Court Disposition

Appeal dismissed; costs order made against appellant

Orders

  • Application under section 288 Town and Country Planning Act 1990 dismissed
  • Appeal under section 289 Town and Country Planning Act 1990 dismissed