City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors [2019] EWHC 3819 (Admin) (16 December 2019)

City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors [2019] EWHC 3819 (Admin) (16 December 2019)

The Inspector's approach to Appeals 4 to 6 was distinct and justified; enforcement notices for Appeals 8 to 14 and 16 are to be remitted; the Inspector's costs decision stands as there was no unreasonable conduct by the council; Historic England is entitled to 25% of its costs due to its significant contribution; permission to appeal is refused as there are no real prospects of success or compelling reasons.

Citation
[2019] EWHC 3819 (Admin)
Parties
Claimant/appellant: City & Country Bramshill Limited; First Defendant/respondent: Secretary of State for Housing, Communities and Local Government; Second Defendant/respondent: Hart District Council; Third Defendant/first Interested Party: Historic England; Second Interested Party: The National Trust for Places of Historic Interest or Natural Beauty
Jurisdiction
England and Wales
Judgment Date
16 December 2019
Procedural Posture
Judicial Review/statutory Appeal (planning) / High Court Judgment on Appeals and Costs
Outcome
Partially allowed and partially dismissed; permission to appeal refused.
Legal Topics
Enforcement Notice Appeals, Costs Orders, Heritage Assets, Permission to Appeal
Planning Law Administrative Law Enforcement Notice Appeals Costs Orders Heritage Assets Permission to Appeal

Case Brief

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Parties

City & Country Bramshill Limited

Claimant/appellant

Secretary of State for Housing, Communities and Local Government

First Defendant/respondent

Hart District Council

Second Defendant/respondent

Historic England

Third Defendant/first Interested Party

The National Trust for Places of Historic Interest or Natural Beauty

Second Interested Party

Procedural Posture

Judicial Review/statutory Appeal (planning) / High Court Judgment on Appeals and Costs

Legal Issues

  1. 1 Whether the Inspector erred in determining Appeals 4 to 6 and the question of isolation
  2. 2 Whether enforcement notices should be remitted for Appeals 8 to 14 and 16
  3. 3 Whether the Inspector's costs decision was correct

Ratio Decidendi

The Inspector's approach to Appeals 4 to 6 was distinct and justified; enforcement notices for Appeals 8 to 14 and 16 are to be remitted; the Inspector's costs decision stands as there was no unreasonable conduct by the council; Historic England is entitled to 25% of its costs due to its significant contribution; permission to appeal is refused as there are no real prospects of success or compelling reasons.

Court Disposition

Partially allowed and partially dismissed; permission to appeal refused.

Orders

  • Enforcement notices for Appeals 8 to 14 and 16 remitted to the Inspector.
  • Inspector's decision on Appeal 7 quashed and to be redetermined.