Newland v Secretary of State for Communities & Local Government & Anor [2008] EWHC 3132 (Admin) (22 December 2008)

Newland v Secretary of State for Communities & Local Government & Anor [2008] EWHC 3132 (Admin) (22 December 2008)

The Inspector was entitled to find, as a matter of fact and law, that after 1999 the site was a single planning unit used as a dwelling house with ancillary garden and paddock, and that the previous caravan site use had been supplanted. Section 57(4) did not permit reversion to the caravan site use. The Inspector properly considered the operational development in Notice 2 and gave adequate reasons for his decision.

Citation
[2008] EWHC 3132 (Admin)
Parties
Claimant/appellant: William Newland; First Defendant/respondent: Secretary of State for Communities & Local Government; Second Defendant/respondent: Waverley Borough Council
Jurisdiction
England and Wales
Judgment Date
22 December 2008
Procedural Posture
Judicial Review and Statutory Appeal Under the Town and Country Planning Act 1990 / High Court Judgment on Application to Quash Planning Decisions and Enforcement Notices
Outcome
Applications and appeal dismissed
Legal Topics
Enforcement Notices, Planning Permission, Material Change of Use, Planning Units, Statutory Interpretation, Gypsy and Traveller Rights
Planning Law Administrative Law Enforcement Notices Planning Permission Material Change of Use Planning Units Statutory Interpretation Gypsy and Traveller Rights

Case Brief

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Parties

William Newland

Claimant/appellant

Secretary of State for Communities & Local Government

First Defendant/respondent

Waverley Borough Council

Second Defendant/respondent

Procedural Posture

Judicial Review and Statutory Appeal Under the Town and Country Planning Act 1990 / High Court Judgment on Application to Quash Planning Decisions and Enforcement Notices

Legal Issues

  1. 1 Whether the Inspector erred in finding a material change of use of the site and in defining the planning unit after 1999
  2. 2 Whether the Inspector failed to properly assess the operational development subject to Notice 2

Ratio Decidendi

The Inspector was entitled to find, as a matter of fact and law, that after 1999 the site was a single planning unit used as a dwelling house with ancillary garden and paddock, and that the previous caravan site use had been supplanted. Section 57(4) did not permit reversion to the caravan site use. The Inspector properly considered the operational development in Notice 2 and gave adequate reasons for his decision.

Court Disposition

Applications and appeal dismissed

Orders

  • Both applications and the appeal are formally dismissed
  • Costs to be determined unless agreed